Conditions of Carriage

JETSTAR AIRWAYS PTY LTD

ABN 33 069 720 243
Conditions of Carriage (Passenger & Baggage)

October 2024

1. DEFINITIONS OF EXPRESSIONS USED

2. WHEN THESE CONDITIONS OF CARRIAGE APPLY

3. TRAVELLING WITH US

4. BOOKINGS

5. FARES

6. BAGGAGE

7. CHECK-IN

8. SCHEDULES, LATE, CANCELLED FLIGHTS AND OVERBOOKINGS

9. REFUSAL OF CARRIAGE

10. CONDUCT DURING FLIGHT

11. AFTER THE FLIGHT

12. REFUSAL OF ENTRY AND FINES

13. OUR LIABILITY AND THE APPLICABLE CONVENTION AND LAWS

14. GENERAL

15. ADDITIONAL INFORMATION FOR FLIGHTS DEPARTING FROM OR TRANSITING IN CHINA

16. ADDITIONAL INFORMATION FOR BOOKINGS WITH FLIGHTS DEPARTING FROM OR ARRVING INTO THE USA

17. OUR NAMES AND ADDRESS

1. DEFINITIONS OF EXPRESSIONS USED

we, us, our, ourselves see the definition for Jetstar.

you, your, yourself means the Passenger.

Airline Designator Code means the two or three characters or letters which identify particular Carriers.

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Authorised Agent means a passenger sales agent who is authorised by Jetstar to represent Jetstar in the sale of air passenger transportation on Jetstar services, and who holds any required licences.

Baggage means your personal property accompanying you on your trip.  It consists of both your Checked Baggage and Cabin Baggage.

Baggage Allowance means the amount of Cabin Baggage and Checked Baggage (if any) which is included in your fare as stated in 6.1 for travel on Jetstar services.

Baggage Identification Tag means the numbered baggage document issued to you that corresponds to the tag attached to each item of Checked Baggage for the purpose of identifying the Checked Baggage.

Booking means the details which we or our Authorised Agent have entered in our system relating to a journey to be made by a Passenger.

Booking Reference means the reference issued by us or our Authorised Agent which appears on your Ticket or Itinerary Receipt and which identifies the Booking you have made with us.

Cabin Baggage (sometimes referred to as carry-on baggage, hand baggage or unchecked baggage) means any of your Baggage other than Checked Baggage you take your Cabin Baggage into the cabin of the aircraft with you.

Carrier means an air carrier.

Checked Baggage means that part of your Baggage (if any) which we have taken into our custody for carriage in the hold of the aircraft and for which we have issued a Baggage Identification Tag or Baggage receipt or both.

Check-in Deadline means the time limit specified by Jetstar by which you must have completed check-in, including completing drop off of any Checked Baggage, and received your boarding pass.

Codeshare means a flight where the Airline Designator Code in the flight number is not the Airline Designator Code of the Carrier operating the aircraft.

Conditions of Carriage means these conditions of carriage and includes the fare rules applicable to the fare and bundle type purchased.

Convention means whichever of the following apply:

  • the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention);
  • the Warsaw Convention as amended at The Hague on 28 September 1955;
  • the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975);
  • the Guadalajara Supplementary Convention (1961);
  • the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Montreal 28 May 1999 (the Montreal Convention); or
  • any other applicable protocols or conventions and any enabling legislation.

Damage includes death of, wounding of or bodily or personal injury to a Passenger and also includes loss, partial loss, theft or other damage to Baggage arising out of or in connection with, either carriage on flights we operate or other services we provide.  However, it does not include normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts.

Days means a full calendar day.  For the purpose of notification, the day upon which the notice is sent is not counted.

Domestic Carriage means travel in which the place of departure and the place of destination are both situated in the same country and there is no stopping place outside that country.

Event Beyond Our Control means weather events, air traffic control issues, industrial action by a third party, security issues or any other unusual and unforeseen circumstance which we cannot control and the consequences of which we could not have avoided.

Event Within Our Control means engineering issues, Jetstar IT system outages, delayed delivery of baggage to the carousel due to resourcing issues, late cleaning/loading of catering to the aircraft, crew/staffing issues or any other circumstance which we can reasonably control.

Frequent Flyer Redemption means a Booking issued in exchange for the redemption of frequent flyer points or other reward points.

Independent Traveller Requirements means our requirements for independent travellers and accompanying passengers provided on jetstar.com. 

International Carriage means travel between two or more countries including any flights within those countries where they are combined with any international flights.

Itinerary Receipt means a document or documents we or our Authorised Agents issue to Passengers travelling on a Booking which includes the Passenger's name, flight information and notices.

Marketing Communications means any direct marketing communications that may be provided by Jetstar or its related companies from time to time, including in the form of commercial electronic messages (as that term is defined in the Spam Act 2003 (Cth)), telemarketing call (as that term is defined in the Do Not Call Register Act 2006 (Cth)) and direct marketing (as that term is used in the Privacy Act 1988 (Cth)).

Jetstar, we, us, our for the purposes of these Conditions of Carriage means Jetstar Airways Pty Limited, ABN 33 069 720 243.

New Zealand Consumer Law means the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ).

Passenger means any person with a Booking who is to be carried or who is carried on an aircraft, except members of the crew.

Passenger Service Charge means a reasonable estimate of the aeronautical charges paid to the relevant airport by Jetstar.

Policies mean the procedures, rules and policies which we have in place for certain aspects of carriage of Passengers and their Baggage, some of which relate to Independent Traveller Requirements, specific assistance Jetstar provides to Passengers, health of Passengers, and the carriage of service dogs.

Safety and Security Charge means a reasonable estimate of the charges paid for aeronautical security services.

Significant Change means a change of three hours or more to your scheduled departure time.

Special Drawing Rights (or SDRs) means the composite unit of currency that is the official unit of exchange of the International Monetary Fund. As a rough guide, this equates to approximately AU$2.05 or NZ$2.22 but this will fluctuate depending on exchange rates.

Tariff means the fares, fare rules, charges or Conditions of Carriage that in certain instances we file with government authorities.

Ticket means the document issued by Jetstar or an Authorised Agent containing details of a Booking, and includes an electronic ticket.

Unsubscribe Function means a statement to the effect that a person may use an electronic address set out in a message to send an unsubscribe message, as described in the Spam Act 2003 (Cth).

2. WHEN THESE CONDITIONS OF CARRIAGE APPLY

2.1 Application of Conditions of Carriage

Except as provided in clause 2.3, 2.4, 2.5, 2.10, 2.11 and 2.13, these Conditions of Carriage apply wherever "Jetstar" or our Airline Designator Code "JQ" is shown on a Booking, and in any case where we have a legal liability to you in relation to your flight.

2.2 Basis of carriage

Where these Conditions of Carriage apply, the carriage of a passenger is also subject to:

  • the Australian Consumer Law and the New Zealand Consumer Law and any other law relating to passengers that may apply to the services we provide;
  • the fare rules which will depend on the type of Booking and type of fare and bundle that has been selected;
  • the rules applicable to a Frequent Flyer Redemption;
  • our Booking;
  • the Convention, Civil Aviation (Carrier's Liability) Act 1959 (Cth) and complementary State legislation, the Civil Aviation Act 1990 (NZ) and any other laws that apply to your carriage;
  • any general directions or Policies related to our operations published on www.jetstar.com or otherwise notified to you; and
  • any specific directions given to you by our staff or our Authorised Agent.

2.3 Australia and New Zealand consumer guarantees and warranties

Certain statutory guarantees and warranties apply to the supply of goods or services provided to you as a consumer. The nature and application of these guarantees or warranties will depend on the circumstances.

In Australia and New Zealand, the following consumer guarantees may apply to the services:

  • guarantee as to due care and skill;
  • guarantee as to fitness for a particular purpose; and
  • guarantee as to reasonable time for supply.

Where the services are not provided in accordance with a consumer guarantee you may have a right to seek a remedy under the Australian Consumer Law and/or the New Zealand Consumer Law. More information on the Australian Consumer Law.

Nothing in these Conditions of Carriage excludes or restricts the application of such consumer laws. These Conditions of Carriage will be read down to the extent necessary for compliance with any law including consumer laws.

Where the service we provide is not of a kind ordinarily acquired for personal, domestic or household use or consumption our liability is limited to supplying of the service again or the payment of the cost of having the service supplied again.

2.4 Other laws affecting passengers

There may be consumer laws and laws affecting passengers which apply and which may affect rights and obligations and in the case of international carriage laws of other countries.

2.5 Overriding law, inconsistency and invalidity

Nothing in these Conditions of Carriage excludes or restricts the application of relevant laws, including the Australian Consumer Law, the New Zealand Consumer Law, Civil Aviation (Carrier's Liability) Act 1959 (Cth), the Civil Aviation Act 1990 (NZ) or any Conventions.

These Conditions of Carriage do not apply to the extent they are inconsistent with any laws or Tariff which apply to your carriage.

If any of these Conditions of Carriage are invalid, illegal or unenforceable, they will be read down to the extent necessary to ensure they are not invalid, illegal or unenforceable, but if that is not possible, they will be severed from the Conditions of Carriage and the other conditions will remain valid.

2.6 Cannot vary

No employee or other person is authorised to vary any of these Conditions of Carriage. However, this does not affect our right to waive any fare rule or amount payable. A waiver on one occasion does not form a waiver on any other occasion.

2.7 Conditions prevail

We may publish a summary or explanation of these Conditions of Carriage to assist in drawing key conditions to the attention of Passengers. The terms of these Conditions of Carriage will prevail over any summary of them.

2.8 Conditions prevail over Policies

If any of these Conditions of Carriage are inconsistent with any of our Policies, these Conditions of Carriage will prevail.

2.9 Complimentary or reduced fare carriage

These Conditions of Carriage apply to complimentary and reduced fare carriage including where a booking has been obtained wholly or in part as a Frequent Flyer Redemption.

2.10 Charter operations

If carriage is performed by Jetstar under a charter agreement (hire arrangement), these Conditions of Carriage apply unless we otherwise agree or advise Passengers prior to boarding the aircraft.

2.11 Additional Services or Other Forms of Transportation

If we:

  • make arrangements for you with any third party to provide any services other than carriage by air on a JQ Airline Designator Code, or
  • issue a Booking/Ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party, such as hotel bookings or car rental,

we do so acting only as agent of the third party. The terms and conditions of the third party service provider will apply and you should check these carefully before making your purchase. Details about the third party are provided on jetstar.com.

If we are also arranging non-airline transportation for you, our Conditions of Carriage do not apply to such transportation. The operator's terms and conditions will apply and you should check these carefully before making your purchase. Details about the third party are provided on jetstar.com.

2.12 Errors and mistakes

Sometimes mistakes are made and incorrect fares can be displayed. If there is an error or mistake that is reasonably obvious in the fare price and you have a Booking, we may:

  • cancel the Booking;
  • provide you with a refund in accordance with 5.4 (Changes and refunds);
  • offer you a new Booking at the correct fare price as at the time of the original Booking; and
  • in the event that you accept the offer and pay the correct fare issue you with a new Booking.

2.13 Travel On Other Airlines

(a) Codeshares

We have arrangements with other Carriers known as 'Codeshares'. This means that even if you have made a booking with us and hold a Booking for a flight with a JQ Airline Designator Code, you may travel on an aircraft operated by another carrier.

If such arrangements apply to your flight, we will advise you of the carrier operating the aircraft at the time you make a booking.  

The conditions of carriage of the operating Carrier will apply to all operational and procedural aspects of the flight such as, baggage acceptance, check-in and boarding, refusal and limitation of carriage, conduct aboard aircraft, and schedules, delays and cancellation of flights, and these may differ from these Conditions of Carriage. You should check the operating Carrier’s requirements for:

  • re-confirmation and check-in;
  • the types of baggage that will be accepted;
  • the cost of additional Baggage Allowance;
  • the purchase of additional Baggage Allowance only at the airport of
  • departure for that flight and not in advance; 
  • schedule changes, delays and cancellations; and
  • refusal of carriage and denied boarding.

Your Baggage Allowance is determined according to your itinerary and each Carrier involved in your journey, and will be disclosed to you prior to completing a Booking.

(b) Interline

We have arrangements with other Carriers known as an 'Interline'.

Where there is an Interline, this means that even if you have made a booking with us, the Booking we issue you will be for a flight operated by another Carrier using that Carrier’s Airline Designator Code

If we issue an Interline Booking for you we do so only as agent for that Carrier.

The conditions of carriage of the operating Carrier will apply to that flight and are available on the operating Carrier’s website.

(c) Codeshare or Interline departing from the United States

Where Codeshare or Interline flights depart from an airport in the United States, the tarmac delay contingency plan of the operating Carrier will apply with respect to any tarmac delay (meaning any delay of an aircraft on the ground at any airport of the United States of America during which passengers are not allowed to deplane).

3. TRAVELLING WITH US

3.1 Preparing to travel

You alone are responsible for making all necessary arrangements for your travel and ensuring that you comply with all laws, regulations and orders of the places you will travel to such as:

  • finding out from relevant embassies or consulates whether you need a passport, visa or other travel document, health document or evidence of onward travel;
  • obtaining those documents;
  • obtaining inoculations; and
  • finding out about dangers to your health and safety at your destination.

If we provide assistance or information for any of the above aspects of your travel, this does not release you from your responsibility in respect of these matters.

3.2 Destination - Passenger enquiries

If you are travelling overseas, you should enquire about any local issues and conditions at your destination(s) prior to commencing travel. We make no representations as to the safety, conditions or other issues that may exist at any destination. Travel advice can be obtained from various sources, including local governments, local consular offices and the website of the Australian Department of Foreign Affairs and Trade, the New Zealand Ministry of Foreign Affairs and Trade, and the United States Department of State.

3.3 Travel Insurance

Because travel involves many risks, and our liability to you is limited and may not cover all losses you incur if things go wrong, you may choose to purchase travel insurance, which can cover things like:

  • changes in travel plans and travel cancellation;
  • medical and hospital expenses;
  • personal injury and death;
  • delayed, damaged or lost Baggage and other items; or
  • missed flight connections and additional expenses.

3.4 Your health

(a) General:

Air travel has some unique features which must be considered by Passengers to ensure it is safe to fly.

If you have a medical condition you should consult our website and if appropriate your doctor before you make a booking, before check-in and before boarding your Flight.

It may be necessary for you to complete our Medical Travel Clearance Form signed by your doctor.

We may refuse to carry you if we are not satisfied that it is safe for you to fly or if carrying you may put the safety or health of Passengers or personnel in danger or at risk, including if you provide a Medical Travel Clearance Form which is not satisfactory to us.

(b) Public health or medical emergency

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

  • cancel, divert or delay any flight;
  • screen Passengers;
  • require valid evidence of vaccinations or inoculations (including against COVID-19) and/or negative test results (including against COVID-19);
  • require health documentation to be presented;
  • offload or refuse to carry Passenger(s) and their Baggage if they do not provide valid health documentation (including evidence of COVID-19 vaccination);
  • isolate Passenger(s) on board the aircraft and limit the in-flight services;
  • notify appropriate authorities such as the police, health authorities or airport security; or
  • perform any other action we consider necessary to provide a safe environment for Passengers, staff and contractors of the Qantas Group.

You are responsible for complying with any immigration policies, travel and health documentation requirements, government quarantine restrictions or conditions (including length of stay) that apply to your travel. To the extent permitted by law, you agree to pay for any costs or expenses associated with complying with such policies, restrictions and conditions, and you agree to pay us on demand for any costs or expenses that we incur on your behalf. If we provide assistance or guidance for any of the above aspects of your travel, this does not release you from your personal responsibility in respect of these matters.

(c) Deep vein thrombosis (DVT)

Some studies have concluded that prolonged immobility may be a risk factor in the formation of blood clots in the legs (DVT - Deep Vein Thrombosis). If you feel you may be at risk from DVT or other health problems, consult with your doctor before travel.

Information on health issues can be found at jetstar.com or in our in-flight magazine.

(d) Pregnancy:

If you are pregnant, the following precautions must be observed.

For travel after the first 28 weeks of your pregnancy: you will need to carry a certificate or letter from a registered doctor or registered midwife confirming:

  • the estimated date of delivery;
  • whether it is a single or multiple pregnancy; and
  • that there are no complications with your pregnancy.

For flights of four hours or more:

  • if you are having no complications with your pregnancy you can travel up to the end of the 36th week of your pregnancy for single pregnancies or up to the end of the 32nd week for multiple pregnancies (for example, twins); and
  • medical clearance is required if you are having complications with your pregnancy.

For flights of less than four hours:

  • if you are having no complications with your pregnancy you can travel up to the end of the 40th week of your pregnancy for single pregnancies and up to the end of the 36th week for multiple pregnancies (for example, twins); and
  • Medical clearance is required if you are having complications with your pregnancy.

If you wish to travel within seven Days after delivery, medical clearance is required. Infants cannot travel for 48 hours after delivery and need medical clearance to travel between three and seven Days after delivery.

Please Note:

  • We do not represent that travel is safe for you at any particular point during your pregnancy. You must seek advice from your own medical practitioner prior to your flight. The periods referred to above are only our minimum requirements.
  • Some countries place limitations on the entry of non-national pregnant women.  Check with the relevant embassy or consulate before you travel to confirm any further limitations.

(e) Acute allergies

We are unable to provide an allergy-free, including peanut-free, environment on board our aircraft including because we cannot prevent other passengers from bringing peanuts, peanut snacks and other allergens, onto the aircraft.

Our cabin crew are not trained to administer adrenalin or any other medication.

It is your responsibility to pack any medical supplies you will need for your journey in your Cabin Baggage.

3.5 Privacy

We collect personal information about you (including health information where necessary) to provide products and services to you, contact you about and process your travel arrangements, facilitate your participation in our and other organisations' loyalty programs, conduct marketing activities for our and our selected business partners products and services and for market research, and for immigration and customs control, security, safety, administrative and legal purposes.

We may collect your personal information from you, people who make or update your Booking or otherwise interact with us on your behalf, from our related bodies corporate and other Jetstar branded entities, from our service providers and from immigration, customs, border security and other regulatory authorities.

You may be required by government regulations or laws to provide specific personal information to us, including information to enable you to travel to other countries or to enable us to notify family members in the event of an emergency.

If the personal information is not provided, we may not be able to provide the service requested.

For the purposes outlined above, you acknowledge that we may retain your personal information and disclose your personal information to:

  • our related companies, other Carriers, travel service providers and organisations which provide services to us (such as ground handling and other travel related services, call centre operation, market research and marketing services, collecting commissions, and services associated with complaints or security incident investigation);
  • your employer if you are travelling for work purposes on a Booking purchased by your employer, including on a Booking provided through your employer's corporate travel agreement with us. The information disclosed to your employer may include your travel details and any information associated with your travel (such as incident reports); and
  • credit and other payment card companies, various law enforcement agencies, regulatory authorities and governments around the world for security, customs, emergency, public health and immigration purposes.

These parties may be located overseas including any country which you travel to or through with us or our partner airlines.

For more details see our Privacy Policy. It contains more information about the above and how you can seek access to, and correction of, your personal information You can contact us by writing to Jetstar Customer Care at GPO Box 4713, Melbourne, VIC 3001, Australia.

3.6 Marketing Communications

You can unsubscribe from Marketing Communications (including flight offers), by clicking unsubscribe in the email or by visiting jetstar.com.

There are, however, some service messages that we must be able to send you, and related messages that we would like to send to you about your booking in order to enhance the service we provide. These include, for example, information relating to your flight, information about bookings you have made, products you have purchased and information about inclusions or additions to your flight (such as seat selection or Baggage options). When you make a reservation in connection with these Conditions of Carriage, you consent to us sending you such messages in relation to that reservation.

We may elect to not include an Unsubscribe Function in a communication with you where:

(a) the communication relates to, or is ancillary to:

  • a product or service which has been, or has been agreed to be, supplied or given to you by us or by a third party (for example, a flight upgrade offer or voucher offer); or
  • a product, service, benefit or other thing, including a message, which you have elected to receive, or in which you have elected to participate, (for example, a competition or promotion),

in each case in connection with goods or services, such as flights, supplied pursuant to these Conditions of Carriage; and

(b) the primary purpose of the communication is not to offer to supply, advertise or promote new goods or services (other than any goods or services described in paragraph (a)) or a supplier or prospective supplier of such new goods or services.

4. BOOKINGS

4.1 When is a Booking made?

A Booking for a flight is made when recorded as accepted and confirmed by us or an Authorised Agent.  

If you ask, we or our Authorised Agent will give you written confirmation of your Booking.  

If you make arrangements for travel through anyone other than Jetstar and as a result of an act or omission by that third party you incur a loss, we do not accept any responsibility for the loss subject to any rights you may have under the Australian Consumer Law and New Zealand Consumer Law.

4.2 Payment essential

If you have a Booking for a flight and Jetstar has not received payment of an amount which has become payable for that Booking, we will not be obliged to carry you.

4.3 Fare types and bundles

When you make your Booking you select from a choice of different fare types and bundles that are subject to different fare rules and are priced differently.

Information on what kinds of changes can be made to the Booking and whether the fare is refundable can be obtained from the fare rules, which are available at the time of booking. Fees and Charges may apply for eligible changes and cancellations.

You should check the applicable fare rules and Fees and Charges carefully and for change fees, charges or restrictions that may apply.

If you make a permitted change to your Booking, the Change Fee or Refund Fee listed on the Fees and Charges page at the time of booking will apply. Fees and charges are subject to change and if you make further changes, and the Change Fee has been updated, the updated Change Fee will apply. Jetstar will give at least one month's notice of a change by updating jetstar.com at Fees and Charges.

No fees apply where you are entitled to a refund or alternative flight under the Australian Consumer Law, New Zealand Consumer law or other applicable law or under these Conditions of Carriage.

4.4 Specific assistance

(a) Independent Traveller Requirements

We will not allow a person to travel without an accompanying passenger unless the person can travel safely without assistance, supervision or both and can meet our Independent Traveller Requirements available at jetstar.com. We do not have the systems, staff or facilities required to assume responsibility for such assistance and supervision.

If you do not meet our Independent Traveller Requirements you will need to travel with an accompanying passenger who can assist you. An accompanying passenger means a paying Passenger who, in our reasonable opinion, can travel independently and is able to and will provide the appropriate assistance, supervision, or both, as is required for the particular Passenger they are accompanying. As a guide, Jetstar generally will not consider a passenger to be an appropriate accompanying passenger for a child unless the passenger is at least 15 years old.

On all our flights, infants less than three months old must be accompanied by a parent or legal guardian.

Children requiring supervision will not be regarded as able to travel independently on the basis that they may cause a disruption or endanger themselves or others if travelling unaccompanied. Passengers enrolled in secondary school or aged 12 years or above may travel alone, subject to meeting our Independent Traveller Requirements. Otherwise, children requiring supervision will not be regarded as able to travel independently.

An accompanying passenger can travel with up to four children on a Jetstar flight. This can include up to two infants, but one of the infants must be booked as a child with their own seat.

(b) Services dogs and wheelchairs

We provide specific assistance services to accommodate customers who need to travel with a service dog and for customers who require a wheelchair (see 5.3 Carriage of wheelchairs and service dogs). If you need to use these specific services, please make arrangements through Jetstar Bookings. Other animals will not be carried unless required by law.

Customers who travel with a service dog will need to comply with Jetstar Service Dog Conditions of Carriage.

4.5 Inflight meals and refreshments

If the Booking you have selected from the fare types and bundles does not include a meal, in-flight voucher or meal deal, you may be able to purchase a meal or snack while making your Booking, before or during your flight, subject to availability.

The inflight menu will vary depending on flight length, destination and the size of the aircraft and are always subject to availability.

We do not carry any baby or infant food on our flights and you will need to make bring your own food.

Food may contain nuts, dairy and/or gluten. We do not provide a nut-free environment, meals and snacks purchased on board along with food carried on board by other passengers may contain nuts.

4.6 Seat allocation

You may have the opportunity to select or purchase seat of your choice when selecting from the fare types and bundles or separately while making your Booking, which will indicate the available options. You may also have the opportunity to select or purchase seat selection through Manage Booking.

Seat allocation is subject to availability and our seating conditions.

We will try to accommodate your seat selection, however Jetstar does not guarantee you will be allocated any particular seat. For safety, security or operational reasons, we may change your seat at any time, even after you have boarded the aircraft.

If we move your seat for a reason within our control and do not provide an equivalent seat, we will provide a full refund of the seat selection fee upon request.

4.7 Class downgrades

If we need to ask you to downgrade your class of travel for any reason, we will:

  • Provide you with an appropriate refund of the fare difference (or an appropriate credit of frequent flyer points in the event you’re travelling on Frequent Flyer Redemption, if applicable), or
  • accommodate you in the class of travel shown on your Booking on a reasonable alternative flight on our services.
  • Refund the affected and untravelled flight if you choose not to accept any options offered to you.

This does not affect any of the rights you have under any Convention or law, such as the Australian Consumer Law, the New Zealand Consumer Law.

In addition, in the event of a downgrade you may also have rights under a passenger or consumer law in the relevant jurisdiction.

5. FARES

5.1 What your fare covers

Your fare covers the flight(s) for you and your applicable Baggage Allowance:

  • from the airport at the place of departure specified in your Booking; and
  • to the airport at the place of destination specified in your Booking.

5.2 What your fare does not cover

Your fare does not include ground transport between one airport and another or between the airport and any other place. Meals and refreshments are not included in your fare unless the applicable fare rules provide otherwise (see 4.5 Inflight Meals and Refreshments).

5.3 Carriage of Wheelchairs and Service Dogs

Your fare also covers carriage of your service dog or wheelchair, if you require one to travel. Please notify Jetstar Bookings of your requirements when you make your Booking. Limits may apply.

5.4 Changes and refunds

Depending on your fare type, if you choose to change your travel you may be entitled to:

  • make changes to the time, date, origin, destination and the Passenger’s name in your Booking upon the payment of any applicable change fee and fare difference within the applicable change deadline in accordance with our fare rules; or
  • a fare credit voucher or partial fare credit voucher (or for Business Class Max a refund to the form of payment less a refund fee) if you cancel your Booking within the applicable change deadline.

You may also be entitled to a refund of your Booking in the event of:

  • A class downgrade (see 4.7);
  • Events within our control (see 8.1(c));
  • Overbooking of your flight (see 10.3);
  • Errors or mistakes (see 2.12); and
  • Discontinued route (see 8.1(d)).

Subject to these circumstances and any rights you may have under any applicable law, such as the Australian Consumer Law or the New Zealand Consumer Law, some fare types are non-refundable or only partially refundable. Please refer to the applicable fare rules which are made available at the time of Booking.

Even if your fare is non-refundable, if you do not travel you may be able to claim a refund of certain charges or taxes excluding fuel and insurance surcharges. If you want to apply for a refund please contact us here.

If there is a charge or tax which Jetstar collects on a per passenger basis to remit to an airport or taxing authority, and we do not have to remit that amount as a result of your not travelling, we will refund that amount to you, after deducting a reasonable administration fee (see Fees and Charges for current fees). If the administration fee reasonably incurred exceeds the amount of the refund, no refund will be paid.

5.5 Paying for your Booking

You or someone on your behalf must pay for your Booking, which means that payment must be made for:

  • the applicable fare;
  • any other applicable surcharges, fees or taxes; and
  • any applicable amounts relating to changes to your Booking, which may include change fees and fare differentials.

5.6 Currency

You must pay for your Booking in the currency specified by Jetstar.

5.7 Charges and taxes

The price of your Booking may include significant amounts of surcharges, fees and taxes, including a Passenger Service Charge and/or a Safety and Security Charge. You may also be required to pay additional charges, fees and taxes not marked on the Itinerary Receipt direct to third parties. For example, airport departure charges may be levied directly on you at an international airport. Such amounts will not be marked on your Booking

If a government authority imposes or increases an unavoidable charge or tax on your carriage on a per passenger basis before you travel, and in particular if as a result of a change to your Booking, we will pass on that cost to you subject to any law.

5.8 Ticket not transferable

You are not permitted to give or sell your Booking to anyone else to use.

Except to the extent required by law or provided under the applicable fare rules, a Booking is not transferable to another person.

If someone else presents themselves to travel on your Booking and we discover that that person is not you, we may refuse to carry that person. However, if we do not discover that the Booking has been transferred and as a result carry the person or give them a refund, we are not obliged to replace your Booking or give you a refund

The applicable fare rules may permit you to change the passenger name and create a new Booking if you pay any applicable fare difference and change fees.

5.9 Booking and travel dates

(a) No open Bookings

Unless the fare rules provide otherwise, you cannot hold an open Booking. Your Booking must be for travel on a specific flight.

(b) Frequent Flyer Redemption travel

Frequent Flyer Redemption Bookings are subject to the rules of the applicable frequent flyer program, which may include a booking validity period. Any changes you make to your Booking must be for a flight within the validity period, if any, specified under those rules

5.10 Booking Reference

You must keep your Booking Reference secure so that no one else can attempt to use it.

6. BAGGAGE

6.1 Baggage allowance

Subject to our size limits, for Cabin Baggage you are permitted to carry up to 7kg of across 2 items for most fare types. You may have the opportunity to select or purchase additional Cabin Baggage allowance of when selecting from the fare types and bundles or separately while making your Booking.

Infants not occupying a seat do not have a Cabin Baggage allowance.

Not all Bookings will entitle you to Checked Baggage. Depending on your fare type and bundle and any further purchase you make, you may be permitted to Checked Baggage subject to size and weight restrictions.

If you exceed either the size or weight limits charges will apply at the airport.

A Passenger cannot transfer a Cabin Baggage or Checked Baggage allowance to any other Passenger(s), including Passenger(s) in the same Itinerary.

If we are unable to accommodate your Cabin Baggage, we may be required to stow it in the aircraft hold as Checked Baggage. In these circumstances you will not be charged for the relevant Checked Baggage, provided the Baggage was within your Cabin Baggage limits.

If a change in the applicable Baggage Allowance within Jetstar’s control affects your booked travel, for example if we change the aircraft type scheduled to operate your flight due to an Event Within Our Control, we will take reasonable measures to inform you of the change and offer, at your option, a refund for the affected Baggage Allowance or a reasonable available alternative, for example if your Cabin Baggage allowance is reduced we will offer the equivalent in additional Checked Baggage. This does not affect any of the rights you may have under the Australian Consumer Law , the New Zealand Consumer Law or other applicable law.

6.2 Excess Baggage (at the airport)

You may be charged Excess Baggage at the airport if you exceed your Baggage Allowance.

We may monitor the weight and size of your Cabin Baggage and Checked Baggage at the airport and if you exceed your Baggage Allowance:

  • we may charge you Excess Baggage fees at the airport at the rates applicable at the day of your flight;
  • for Cabin Baggage in excess of your Baggage Allowance, this may also need to be transferred to the aircraft hold and checked-in; and
  • in some cases, due to operational limitations, we may not be able to carry your Excess Baggage.

Our current Excess Baggage fees charged at the airport are available here.

6.3 Prohibited items

We will not carry, and you must not try to bring on board the following prohibited items:

  • items prohibited from being carried on any aircraft by any applicable national or international law, regulation or order;
  • weapons of any type (except see 7.3);
  • items which are likely to endanger the aircraft or persons or property on board the aircraft, or items that may become or are dangerous, such as those items specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the International Air Transport Association (IATA) Dangerous Goods Regulations. Further information is available from us on request;
  • any other items which we have identified to you as prohibited items including but not limited to items we reasonably determine are unsuitable for carriage because they are dangerous, unsafe or because of their weight, size, shape or character, or which are fragile or perishable;
  • brief cases and attaché cases incorporating dangerous goods such as lithium batteries;
  • animals (except a permitted service dog); or
  • pyrotechnic devices, disabling devices such as mace, pepper spray, etc containing an irritant or incapacitating substance are totally forbidden.

If we discover that you are carrying prohibited items, we may do whatever we consider appropriate and what is reasonable in the circumstances, including disposing of the item without notifying you.

We will not be responsible for any loss or Damage caused to any prohibited items if they are brought on board despite being prohibited items.

6.4 Firearms

We may agree, but are not obliged, to carry firearms and ammunition for hunting or sporting purposes as Checked Baggage. If we do, these must be packed in accordance with all applicable national and international laws and regulations. Our approval may be withheld at our sole discretion. Applications for the carriage of firearms and ammunition for hunting or sporting purposes must be submitted at least 2 working days prior to your scheduled departure date.

6.5 Restrictions on Checked Baggage

You must not include in your Checked Baggage:

  • fragile, delicate or perishable items;
  • computers;
  • items with a special value, such as money, jewellery, precious metals, silverware;
  • negotiable papers, share certificates, securities or other valuable documents;
  • cameras;
  • electronic equipment;
  • commercial goods or business documents; or
  • passports and other travel documents.

Our liability for loss or Damage to your Baggage is limited (see 13 Our liability and the applicable Convention and laws, below). If you carry items in contravention of these Conditions of Carriage, we will use all available defences against any claim in respect of any Damage, loss or destruction of those items.

6.6 Restrictions on Cabin Baggage

All Cabin Baggage must comply with all applicable size and weight restrictions. You must not include in Cabin Baggage knives, sharp objects or cutting implements of any kind and any length, whether of metal or other material. These items must be packed in your Checked Baggage. They cannot be carried in your Cabin Baggage or on your person. If they are, the articles will be removed and not returned.

Passengers carrying hypodermic needles will need to declare them at the screening point. Where possible, the Passenger should provide documentation or identification to confirm the Passenger's relevant medical condition. Medication should have a professionally printed label identifying the medication or a manufacturer's name or pharmaceutical label affixed. Please contact Jetstar should you have a question.

We do not accept any responsibility for items which we refuse to carry as Cabin Baggage and which are not carried as Checked Baggage.

6.7 Searches

Jetstar, government or airport officers may:

  • require you to submit to clothing and body searches and/or screen;
  • require you to submit your Baggage to searches or inspections; and
  • search or inspect your Baggage with or without you.

As a result of a search and/or screen, or if you refuse to submit yourself or your Baggage to a search, we may refuse to carry you and your Baggage, and may deliver your Baggage to government or airport officers.

Except as otherwise provided by the relevant Convention or other applicable law, if a search or screen causes Damage to you, or a search, screening or x-ray causes Damage to your Baggage or articles that are removed from your Baggage, we will not be liable for the Damage unless it was caused by our negligence.

7. CHECK-IN

7.1 At check-in

All Passengers, including children, must present:

  • their Booking Reference,
  • any necessary travel documents (see 3.1);
  • acceptable forms of identification at check-in;
  • for infants not requiring their own seat, proof of age (under 2) may be required, such as birth certificate.

If you do not provide the necessary travel documentation and form of identification at check-in, then you may not be allowed to travel.

For all international travel you must provide a valid passport with the required validity period.

At check-in we will issue your boarding pass and Baggage receipt for any Checked Baggage. Keep these with you throughout your travel.

7.2 Check-in Deadline

Check-in Deadlines apply and may be strictly enforced.

You will not be able to check-in after the Check-In Deadlines.

You cannot check-in at the boarding gate.

If through no fault of ours you fail to check-in by the Check-in Deadline or you arrive without your Booking Reference or Boarding Pass and all necessary travel documents you may not be allowed to travel and your Booking may be cancelled.

This does not affect any of the rights you have under any Convention or law, such as the Australian Consumer Law, the New Zealand Consumer Law and/or the Civil Aviation Act 1990 (NZ).

Except as otherwise provided in the Convention or any applicable laws, such as the Australian Consumer Law, the New Zealand Consumer Law and/or the Civil Aviation Act 1990 (NZ), we are not liable to you for any loss or damage you may suffer as a result of your late arrival.

Please see jetstar.com for your checking in options.

7.3 Boarding deadline

To help us get your flight away on time, please ensure you are at the boarding gate by the time specified or when boarding for your flight commences.

It is essential that you have your Booking Reference or Boarding Pass and all necessary travel documents with you to board your flight.

If you arrive late at the boarding gate through no fault of ours you your Booking may be cancelled and no refund will be paid, unless otherwise provided in the applicable fare rules, or these Conditions of Carriage (including clause 8.1(c)), or otherwise notified by Jetstar.

This does not affect any of the rights you have under any Convention or law, such as the Australian Consumer Law, the New Zealand Consumer Law and/or the Civil Aviation Act 1990 (NZ).

Except as otherwise provided in the Convention or any applicable laws, such as the Australian Consumer Law, the New Zealand Consumer Law and/or the Civil Aviation Act 1990 (NZ), we are not liable to you for any loss or damage you may suffer as a result of your late arrival.

8. SCHEDULES, LATE, CANCELLED FLIGHTS AND OVERBOOKINGS

8.1 Schedules

    (a) We cannot guarantee that we will be able to carry you and your Baggage in accordance with the scheduled date and time of the flights specified. Schedules may change without notice for a range of reasons including but not limited to bad weather, air traffic control delays, strikes, technical disruptions and late inbound aircraft. Flight times do not form part of your contract of carriage with us.

    (b) Before we accept your Booking, we or our Authorised Agents will tell you the scheduled departure time of your flight and it will be shown on your Itinerary Receipt. We may need to change the scheduled departure time of your flight after your Itinerary Receipt has been issued. If you give us or our Authorised Agents contact information, we or they will try to let you know about any changes. In any event, prior to your flight you should check to ensure your flight times have not changed. Subject to any rights you may have under any Convention or any applicable laws, such as the Australian Consumer Law, the New Zealand Consumer Law and the Civil Aviation Act 1990 (NZ), we will not be liable to you for any losses that you may incur if you fail to do so.

    (c) If, after you pay for your Booking, we make a Significant Change to your flight due to Events Within Our Control, we will:

    • rebook you on the next available flight (or combination of flights) on our services to your booked destination at no additional cost to you; or
    • alternatively, at your option, refund the applicable fare.

    If the change is not a Significant Change but we or our Authorised Agents cannot book you on another flight which you are prepared to accept, and the change means you are unable to use your Booking for its intended purpose, we will refund the applicable fare.

    You may also have rights to remedies under the Australian Consumer Law, the New Zealand Consumer Law, the Convention and/or the Civil Aviation Act 1990 (NZ).

    Unless provided for in these Conditions of Carriage, a Convention or any applicable law, such as the Australian Consumer Law, the New Zealand Consumer Law and/or the Civil Aviation Act 1990 (NZ), we will not be responsible for paying any costs or expenses you may incur as a result of the changed time or cancellation.

    (d) Discontinued route

    If we cease to operate on a route and as a result we cancel a flight for which you have a Booking, we will:

    • offer you a seat on the next available flight (or combination of flights) on our services for an alternative route to the same destination (if available) and where a connection was arranged by us, a seat on the next available connecting flight; or
    • alternatively, at your option, refund the applicable fare.

    You may also have rights to remedies under the Australian Consumer Law, the New Zealand Consumer Law, the Convention and/or the Civil Aviation Act 1990 (NZ).

8.2 Changes due to Events Beyond Our Control

Where we make a Significant Change to your flight due to an Event Beyond Our Control, whether you have checked in or not, we will:

  • use reasonable endeavours to rebook you on the next available flight on our services at no additional cost to you; or
  • alternatively, if we are unable to rebook you on services acceptable to you, we will provide you with a flight credit where the purpose of your trip cannot be achieved.

You may also have rights to remedies under applicable law, including the Australian Consumer Law, the New Zealand Consumer Law, the Convention and/or the Civil Aviation Act 1990 (NZ).

We will not be responsible for paying any costs or expenses you may incur as a result of the delay or cancellation, unless otherwise required by applicable laws, such as the Australian Consumer Law, the New Zealand Consumer Law , the Convention and/or the Civil Aviation Act 1990 (NZ).

8.3 No flight connections provided

Unless you have been advised otherwise by Jetstar, you must collect your Checked Baggage after each individual flight. It is the Passenger's responsibility when making Bookings to allow sufficient time between the first flight's arrival and next flight's departure for Baggage collection and recheck. Please see jetstar.com for more information.

8.4 Overbooking

If you are denied boarding due to an overbooking of our flight for which you have:

  • a valid Booking, and
  • you have met our Check-In Deadline, and
  • complied with any relevant requirements for travel as set out in these Conditions of Carriage,

we will

  • offer you a seat on the next available flight on our service; or
  • refund of the unused portion of your airfare if you choose not to travel on the next flight;

and offer you care and assistance as required by any applicable law, such as the Australian Consumer Law, the New Zealand Consumer Law, the Civil Aviation Act 1990 (NZ) and/or the Convention (under which you may have rights to remedies), or in accordance with our policy if there is no applicable law. The compensation and care you receive will depend on the jurisdiction in which the denied boarding occurs.

9. REFUSAL OF CARRIAGE

9.1 Refusal of carriage

Even if you have a Booking, we may, refuse to carry you and your Baggage if any of the following circumstances have occurred or we reasonably believe will occur:

  • if carrying you or your Baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger or at risk;
  • if you have acted in a threatening, abusive, violent, harassing, insulting or aggressive manner towards Jetstar or other Qantas Group staff, contractors or other customers;
  • if carrying you or your Baggage may materially affect the comfort of any person in the aircraft;
  • if carrying you will break government laws, regulations, orders or an immigration direction from a country or state to which you are travelling or are to depart from, or we reasonably believe you will not be permitted entry to the country or state to which you are travelling;
  • if a government body, agency or regulatory authority directs us not to carry you;
  • because you have refused to allow a security check to be carried out on you or your Baggage;
  • because you do not appear to have all necessary documents, including those required to enter the country or state to which you are travelling;
  • if you fail to comply with any applicable law, rule, regulation or order or these Conditions of Carriage;
  • if you fail to complete the check-in process by the required time (see 8.1) or fail to arrive at the boarding gate on time;
  • because you have not obeyed the instructions of Jetstar or other Qantas Group staff or contractors relating to safety or security;
  • because you have not complied with our medical requirements (see 3.4);
  • because you will not or cannot show valid travel or health documents for your entire journey (including, if requested by Jetstar, valid evidence of COVID-19 vaccination status and/or negative COVID-19 test results);
  • because you require specific assistance and you have not previously made arrangements for (see 4.5);
  • if you are drunk or under the influence of alcohol or drugs;
  • if you are, or we reasonably believe you are, in unlawful possession of drugs;
  • if your mental or physical state is a danger or risk to you, the aircraft or any person in it;
  • if you have used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft or otherwise behaved in a threatening manner;
  • if you have committed a criminal offence while at the airport, during the departure, the check-in or boarding processes or on board the aircraft;
  • if you have deliberately interfered with a member of Jetstar or other Qantas Group staff or contractors carrying out their duties;
  • if you have put the safety of either the aircraft or any person in it in danger;
  • if you are not wearing footwear;
  • if you have intentionally damaged our property;
  • if you have made a threat;
  • because you have committed misconduct at the airport or on a previous flight and we are not satisfied that misconduct will not recur;
  • because you cannot prove you are the person specified in the Booking on which you wish to travel;
  • because your Booking:
    • is not paid for;
    • has been transferred;
    • has been acquired unlawfully or in breach of applicable Jetstar terms and conditions;
    • has been acquired from someone other than us or an Authorised Agent;
    • contains an alteration which has not been made by us or an Authorised Agent; or
    • is counterfeit or otherwise invalid;
  • if we believe you will attempt to enter a country in which you have landed as a transit passenger without permission; or
  • if you have refused to give or show your travel documents, or any documents required to enter a state or country, to a member of our staff, or allowed us to copy your travel documents, or you have destroyed your travel documents during the flight.

In any of the situations in this 9.1, we may remove you from a flight, even after you have boarded, without any liability on our part, and cancel any subsequent flights on us on your Itinerary Receipt.

9.2 Notice of refusal to carry you

We will be entitled to refuse to carry you and your Baggage if we have notified you in writing that we will not carry you on our services.  The notice will give details of the period for which it will apply and will ask you not to make a Booking or ask or allow anyone to do so for you.  If you try to travel while the notice is in force, we will refuse to carry you.

10. CONDUCT DURING FLIGHT

10.1 Obey directions

To maximise Passenger comfort, safety and security, you must comply with the following requirements and all other directions of any crew member on your Jetstar flight, when on board:

  • stow Cabin Baggage under the seat in front of you or in the overhead lockers;
  • take care when you open overhead lockers, since Cabin Baggage may move during flight;
  • keep your seatbelt fastened when seated;
  • remain seated with your seatbelt securely fastened during turbulence;
  • stay seated as directed, in particular while the aircraft is moving on the tarmac;
  • do not operate any electronic devices including cellular telephones, laptop computers, recorders, radios, CD players, electronic games, laser products or transmitting devices, walkie-talkies, remote or radio controlled toys that could interfere with the flight. If you fail to comply with our requests in this regard, we may retain the device until the end of the flight. Hearing aids and heart pacemakers are permitted;
  • do not smoke or vape;
  • do not use or charge electronic cigarettes;
  • if you drink alcohol, drink only in moderation and only alcohol served on your Jetstar flight as part of its in-flight bar service.  Consumption of alcohol purchased prior to your flight is not permitted onboard the aircraft;
  • use infant restraints as directed;
  • if asked by a member of the crew acting reasonably, you must give your passport or other travel document to them for safe custody until the end of the flight; and
  • do not behave in a manner to which other Passengers may reasonably object.

10.2 Control of Passengers

We will take all reasonable steps to maintain the comfort, safety and security of all Passengers. If necessary, we may restrain you or remove you from any flight anywhere, for example if you:

  • conduct yourself so as to endanger the safety of the aircraft or any person or property on board;
  • obstruct, or fail to comply with any direction of, any crew member;
  • behave in a manner to which other Passengers may reasonably object;
  • interfere with a crew member who is performing his or her duties on board an aircraft; or
  • tamper or interfere with the aircraft or its equipment.

If we offload you, you may be refused further carriage on Jetstar and may be prosecuted for any offenses committed on board the aircraft.

10.3 Diversion costs caused by unacceptable behaviour

If we divert the aircraft to an unscheduled destination as a result of your failure to comply with the requirements set out in these Conditions of Carriage or your conduct described in clause 10.1, you must pay us the reasonable costs of the diversion.

10.4 Smoking prohibited

Smoking, vaping and the use of electronic cigarettes are not permitted on any Jetstar aircraft, in Australian airport terminals or on the tarmac.

11. AFTER THE FLIGHT

11.1 Collect your Checked Baggage

You must collect your Checked Baggage as soon as it is available for collection.

11.2 If you cannot find your Checked Baggage

If you cannot find your Checked Baggage, produce your Baggage Identification Tag to us. Only the person to whom the Baggage Identification Tag was issued is entitled to collect that Baggage.

11.3 Release of Checked Baggage by us

If we have Checked Baggage you claim is yours but you do not have the Baggage Identification Tag, we will release the Checked Baggage to you only if you:

  • produce adequate proof of entitlement to it;
  • undertake in writing to us that you will reimburse us for any loss, damage or expense incurred as a result of that release; and
  • comply with any other reasonable directions given to you by us.

11.4 Disposal of Baggage by us

If you do not collect your Checked Baggage and you have not claimed it within 28 Days after your flight, we may sell or otherwise dispose of it without notifying you and without liability on our part.

We are not liable for any loss you may suffer as a result of your leaving any belongings on an aircraft when you disembark (unless the loss was caused by our fault) or in the airport terminal or lounge.

11.5 If you collect the wrong bag

If you pick up the wrong bag from the baggage carousel, it is your responsibility immediately to return the bag at your own cost to the baggage claims officer or airport manager at the airport where you collected it.

12. REFUSAL OF ENTRY AND FINES

12.1 Refusal of entry

If you are refused permission to enter a country and if a government or government authority orders us to return you to your place of origin or remove you to another country:

  • you must pay for any detention costs and the return or other fare;
  • we may, at our discretion, set off any refund owing to you, including for booked but unused flights, against the amount of that return or other fare (if unpaid); and
  • we will not refund the fare for carrying you to the place where you were denied entry.

12.2 Reimbursement of costs

If we are ordered to pay any fine or penalty at any time, or incur any expense, costs, loss or damage ("losses") by reason of you being denied entry into any country, or because of your failure to comply with any law, regulation, order or requirement, or because of your behaviour, health or medical condition, you must reimburse us for all losses plus all legal costs and other expenses reasonably incurred. We may, at our discretion, set off any refund owing to you for booked but unused flights against any such amounts

13. OUR LIABILITY AND THE APPLICABLE CONVENTION AND LAWS

Our liability as a Carrier is subject to a number of different laws depending on the circumstances, including whether it is domestic or international air carriage, and the nature of the damage and loss claimed. The following is a brief outline but you should obtain professional advice in the event that you believe that you may have a claim as a result of any injury, loss or damage. The limits of liability fixed by law are subject to periodic review and variation and you may be entitled to any higher limit applicable at the time of carriage.

13.1 International carriage

(a) General

Where your Booking is for travel between countries which are parties to the Montreal Convention or a version of the earlier Warsaw Convention, the applicable Convention will govern the liability of the Carrier for death, bodily injury, delay and for Baggage claims during international carriage including sectors within one country. The applicable Convention:

  • imposes liability and creates rights of action in defined circumstances during international carriage by air;  
  • limits the nature of damages and in some cases the amounts which may be recovered;
  • imposes conditions in relation to notice of damage and the time to bring legal proceedings; and
  • specifies where proceedings may be brought and may exclude claims under other laws.

(b) Montreal Convention

The limits of liability are subject to periodic revision and currently the Montreal Convention which applies to most international carriage provides:

  • The Carrier will be strictly liable for damages up to 128,821 SDRs (about A$264,000) for death or bodily injury caused by an accident on board the aircraft or during embarkation or disembarkation.
  • The Carrier will be liable for damages above this amount unless the Carrier can prove that:
    • damage was not due to the negligence or other wrongful act or omission of the Carrier, its servants or its agents; or
    • damage was solely due to the negligence or other wrongful act or omission of a third party.
  • Damages for death or bodily injury may be reduced or even exonerated if the Carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation.
  • In the case of delay the Carrier will be liable to the Passenger unless it proves that reasonable measures were taken to avoid the damage or that it was impossible to take such measures but otherwise liability is limited to 5,346 SDRs (about A$11,000) except where the damage resulted from intentional or reckless conduct of the Carrier.
  • In the case of Baggage, the Carrier will be liable for destruction, loss of or damage to:
    • Checked Baggage unless the damage resulted in an inherent defect, quality or vice; and
    • Carry-on Baggage and personal items if the damage was caused by the fault of the Carrier.
  • In either case there is a limit of liability of 1,288 SDRs (about A$2,640) for Baggage unless damage resulted from the intentional or reckless conduct of the Carrier.
  • Any claim for damage to or delay of Baggage must be made in writing to the Carrier within the following timeframes:
    • in the case of damage to your Baggage, as soon as you discover the damage after you have received the Baggage, and at the latest within 7 Days; and
    • in the case of delay, within 21 days from when the Baggage has been made available to you.
  • Any legal proceeding must be brought within two years.

(c) Warsaw Convention

    In the unlikely event that your international carriage is subject to the Warsaw Convention or an amended Warsaw Convention, similar provisions to those relating to the Montreal Convention will prevail but where there are financial limits of liability those limits will be different and you should obtain advice on the level of liability that may apply at the time of loss or damage.

    International carriage to which no Convention applies will be subject to the same law that applies to domestic carriage within Australia (see 13.2).

13.2 Carriage within Australia

Where your Booking is for travel wholly within Australia the Civil Aviation (Carriers’ Liability) Act 1959 (Cth) (and complimentary state legislation) regulate the liability of the Carrier and:

  • impose liability and create rights of action in defined circumstances;
  • limit the nature of damages and the amounts which may be recovered; and
  • impose conditions in relation to notice of damage and the time to bring legal proceedings.

Under the Civil Aviation (Carriers’ Liability) Act 1959 (Cth) (and complimentary state legislation):

  • The Carrier will be strictly liable up to A$925,000 for damage sustained for death or bodily injury caused by an accident on board the aircraft or during embarkation or disembarkation;
  • Recoverable damages may be reduced as a result of contributory negligence of the Passenger;
  • Liability for destruction or loss of or damage is limited per Passenger to:
    • A$3,000 for Checked Baggage; and
    • A$300 for Cabin Baggage;
  • A Baggage claim must be made in writing to the Carrier within the following timeframes:
    • 3 Days in the case of damage to Checked Baggage or in the case of loss or destruction of part only of an item of Checked Baggage, after the date of receipt of the Baggage or remainder of the Baggage;
    • 21 Days in the case of loss or destruction of the whole of an item of Checked Baggage from the date that the Baggage should have been placed at your disposal; and
    • 3 Days in the case of damage to or loss or destruction of Cabin Baggage after the carriage of the passenger.

13.3 Carriage within New Zealand

Where your Booking is for travel wholly within New Zealand:

  • The liability of a liability of a Carrier for death or injury will be excluded for any Passenger who at the time of the accident has cover for personal injury arising from the accident under the Accident Compensation Act 2001 (NZ);
  • Any liability arising under the terms of carriage (see 2.3), or at common law, or under the provisions of any Acts of Parliament, regulations, or local authority by-laws for any injury or death that is not covered by the Accident Compensation Act 2001 (NZ) will be limited to a sum not exceeding NZ$100,000 (including all legal costs), whether or not such liability was caused by the negligence of the Carrier;
  • The Carrier shall be liable to the passenger for delay under the Civil Aviation Act 1990 (NZ) the lesser amount of either:
    • the amount of damage proved to be sustained as a result of the delay; or 
    • an amount representing 10 times the sum paid for the carriage, 
    • except where the Carrier proves one of the statutory exceptions which include delay caused by:

        (i) meteorological conditions; or

        (ii) compliance with instructions, advice, or information given by an air traffic control service; or

        (ii) obedience to orders or directions given by a lawful authority; or

        (iv) an event of force majeure; or

        (v) a necessary action taken for the purpose of saving or attempting to save life.

    • You may also have a rights under the New Zealand Consumer Law.
    • Liability for loss or damage to Baggage is limited to NZ$2,000 per unit under the Contract and Commercial Law Act 2017 (Part 5) (NZ), except where it is proven that the damage was intentionally caused by the airline or another statutory exception applies.
    • the Carrier will only be liable for Cabin Baggage if the loss or damage has been caused by our negligence or wilful action.
    • Except where a statutory exception applies, any claim for loss of or damage to Baggage must be made in writing to us within the following timeframes:
      • in the case of damage to or loss or destruction of an item of Checked Baggage, within 30 Days of the date that you collect your Checked Baggage or have disembarked with your Cabin Baggage; or
      • the case of delay, within 30 Days of the date that your Checked Baggage should have been available to collect or you have disembarked with your Cabin Baggage.

14. GENERAL

  • We are not liable for any damage arising from our compliance with any laws or government regulations or your failure to comply with the same.
  • These Conditions of Carriage (including any exclusion or limitation of liability) apply to and are for the benefit of our Authorised Agents, employees and representatives and agents to the same extent as they apply to us.
  • Any incident involving Damage to your clothing worn or taken into the aircraft cabin must be immediately reported to our cabin crew.
  • The total amount that you can recover from us, our Authorised Agents, employees, representatives and agents will not be more than the total amount of our liability, if any.
  • Subject to any applicable law, such as the Australian Consumer Law, the New Zealand Consumer Law, the Conventions, the Civil Aviation Act 1990 (NZ) and except where these Conditions of Carriage provide otherwise, our liability, if any, is limited to proven direct compensatory damages.
  • Nothing in these Conditions of Carriage:
    • except where we say otherwise, gives up any exclusion or limitation of liability to which we are entitled under any laws which may apply; or
    • gives up any defence available to us under any laws which apply including against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a Passenger.
  • Despite any translation of these Conditions of Carriage into another language, the English version of these Conditions of Carriage will prevail.

15. ADDITIONAL INFORMATION FOR FLIGHTS DEPARTING FROM OR TRANSITING IN CHINA

See additional Passenger Rights information applicable to flights departing from or transiting in the People's Republic of China (excluding Hong Kong SAR, Macau SAR and Taiwan).

16. ADDITIONAL INFORMATION FOR BOOKINGS WITH FLIGHTS DEPARTING FROM OR ARRVING INTO THE USA

If your Booking includes a flight to/from the USA (or a flight on the Booking connects to a flight on the same Booking to/from USA within 24 hours) and:

  • your flight is cancelled, or your scheduled departure is changed by 6 or more hours earlier or your scheduled arrival time is changed by 6 or more hours later,
  • we change your flight to depart from a different origination airport or arrive at a different destination airport;
  • we change your flight and increase the number of connection points compared to your original Booking; or
  • we need to ask you to downgrade your class of travel

And you choose not to travel and reject any other alternative options provided to you, at your option, you will be eligible for a refund of the applicable fare.

If you’re travelling with a disability and have specific assistance or accessibility requirements, and we notify you of a change to your Booking that results in your Booking requiring you to travel:

  • through one or more connecting airports that differ from the original itinerary; or
  • in a downgraded class or a substitute aircraft that results in one or more accessibility features needed by the passenger being unavailable

And you choose not to travel, at your option, all passengers on the impacted Booking can request a refund of the applicable fare.

In certain circumstances where checked baggage you have purchased in addition to your fare or bundle is significantly delayed or lost or where you have purchased an ancillary product and have failed to receive the product, you may also be entitled to a refund of checked baggage fees or relevant ancillary product fees in accordance with our United States Customer Service Plan.

17. OUR NAMES AND ADDRESS

Our name may be abbreviated to "JQ" (our Airline Designator Code) on the Itinerary Receipt. Our address is Jetstar Airways Pty Limited, (ABN 33 069 720 243) GPO Box 4713, Melbourne VIC 3001, Australia.