These are Nauru Airlines Conditions of Contract and Other Important Notices (“Conditions of Contract”). They set out the key elements of Your contract with Nauru Airlines. It is important for You to read and understand them. You should also refer to Nauru Airlines Conditions of Carriageon Our website for a more detailed description of Your rights and obligations.
1.1 Your Travel is governed by terms that are contained in: (a) these Conditions of Contract; (b) the Conditions of Carriage; (c) any applicable Conventions; (d) any applicable Laws; (e) Your Ticket or Itinerary; and (e) our Policies and any written or oral directions given to You by Nauru Airlines Staff or Authorised Agent(s). 1.2 No Nauru Airlines Staff, Authorised Agent, or other person has the authority to vary the terms that govern Your travel. In the event of any inconsistency between these Conditions of Contract and any other terms, the Conditions of Carriage will prevail. 1.3 You must: (a) comply with all government travel requirements; (b) present entry, exit and other required documents which include but are not limited to a passport with minimum six months validity, return tickets or Itinerary and valid visas; and (c) check-in by the required check-in time. See Section 2 below “Check-In Times” for further detail. 1.4 Nauru Airlines undertakes to use its best efforts to carry You and Your Baggage in accordance with Your Ticket or Itinerary. However, the times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Nauru Airlines may without notice substitute alternate airlines or aircraft and may alter or omit stopping places shown on a Ticket at its discretion. Schedules are subject to change without notice. Nauru Airlines assumes no responsibility for Your connecting flights on other airlines. 1.5 Your Ticket or Itinerary is not valid and will not be accepted for carriage unless purchased from Nauru Airlines or an Authorised Agent. Nauru Airlines reserves the right to refuse carriage to any person who has acquired a Ticket in violation of any law, Tariff, rule(s) or regulation(s). 1.6 If Nauru Airlines issues a ticket for another airline’s flight, it does so only as the other airline’s agent. Travel on another airline’s flight is governed by the other airline’s conditions of carriage except when You fly on an Nauru Airlines flight and Your boarding pass shows Nauru Airlines flight designator “ON” in which case Your carriage will be governed by Nauru Airlines Conditions of Carriage. 1.7 Unless otherwise stated, a Ticket for International Travel is valid for one year from the start of travel, or one year from the issue date if the Ticket is not used. Your Fare is subject to change prior to payment. Nauru Airlines may refuse carriage if the Fare has not been paid. 1.8 You must bring any action(s), suit(s), cause(s) of action(s), proceeding(s) or claim(s) if seeking to recover damages within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. 1.9 You must make written notice to Nauru Airlines within 7 days of the receipt of Checked Baggage in the case of damage, and, in the case of delay, within 21 days from the date on which You received it. 1.10If Your travel involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention (as amended) and/or Montreal Convention (as amended) may be applicable. Conventions may govern and, in most cases, limit the liability of Nauru Airlines for death or personal injury and in respect of loss of or damage to Baggage and delay. See also Section 4 “Limitation of Liability” for Passengers undertaking International Travel. Nauru Airlines strongly recommends that You purchase travel insurance for Your journey.
2. CHECK-IN TIMES
2.1 The times shown on Your Ticket or Itinerary are the departure times of the aircraft. Check-in times are the latest times at which Passengers can be accepted for travel, allowing the necessary time to complete all formalities. Flights cannot be delayed for Passengers arriving late and no responsibility will be accepted by Nauru Airliness in such cases. 2.2Check-in commences three hours prior to the departure time of the aircraft. Passengers arriving within 60 minutes of the flight departure may be denied check-in and they may as a result forfeit their Fare(s) unless Fare Rules permit re-booking to another flight.
3. CARRIAGE OF BAGGAGE AND BAGGAGE ALLOWANCE
3.1 General information Detailed information about Baggage Allowance, oversized and excess Baggage, restricted Baggage, sporting goods and the transportation of personal mobility aids is available at Nauru Airlines website (www.nauruairlines.com.au) or by contacting Nauru Airlines Call Centre on 1300 369 044 (within Australia) or +61 7 3229 6455 (for international calls). 3.2Carry-on Baggage The following maximum allowances apply for Carry-on Baggage for all Nauru Airlines International Travel:
|Cabin||Weight Allowance||Maximum Dimensions**|
|Business||10kg||48(l) x 34(h) x 23(d) cm ##|
|Economy||7kg||48(l) x 34(h) x 23(d) cm ##|
Additional allowances at Our absolute discretion include a handbag, pocketbook or purse which is appropriate to normal travelling dress and is not being used as a container for the transportation of articles which could otherwise be regarded as Baggage; an overcoat or wrap; an umbrella (pointed and/or sharp prohibited) or walking stick; a small camera and/or pair of binoculars; a reasonable amount of reading matter for the flight; infant’s food for consumption in flight; or a small amount of duty-free goods. ** Medical assistance items (crutches, wheelchairs etc) are exempt from this requirement. ## For non rigid Baggage such as a garment bag the maximum dimensions permitted are 60(l) x 114(h) x 11(d) cm. 3.3 Checked Baggage For International Travel onboard Nauru Airlines flights the following allowances are included in your Fare. All other Baggage which is larger and/or heavier than your allowance will constitute excess and/or oversized Baggage. 3.4Nauru Airlines Flights to/from all International Destinations:
|Fare Type||Weight Allowance|
Notes: 3.4.1 The maximum weight per piece of Baggage must not exceed 32 kilograms 3.4.2 Total dimensions of Baggage must not exceed 270cm with no one piece exceeding 158cm 3.4.3 Nauru Airlines does not accept the following items as Checked Baggage and does not accept liability for their loss or damage unless the items are identified to Nauru Airlines and it has, in its absolute discretion, given its written acceptance for carriage and accepted liability in writing for their loss or damage: (a) Cash, credit cards, deeds, passports and other travel documents, securities, business documents or other valuable documents; (b) Jewellery, antiques, precious metals or similar valuable items; (c) Any item of a delicate, fragile or brittle nature e.g. glassware, sports equipment, musical instruments; (d) Any item of a perishable nature e.g. seafood; (e) Medicines; (f) Electrical or electronic components e.g. computers, cameras; (g) Any item that has insufficient packaging to withstand the normal circumstances and effects of carriage by air. 3.5 Allowances for Infants Adults accompanying infants are entitled to check-in one stroller, bassinet or car seat. If used to board the aircraft these items will be stowed in the aircraft hold. 3.6 Dangerous or Restricted Articles in Carry-on or Checked Baggage For safety reasons, dangerous articles such as the following must not be carried in your Baggage: • Compressed gases (Deeply Refrigerated, Flammable, Non-flammable and Poisonous); • Corrosive materials (such as alkalis, acids, wet cell batteries, mercury); • Explosives (Fireworks and articles which are easily ignited); • Firearms and ammunition; • Flammable liquids and solids (including but not limited to matches, lighters, heater fuels and flammable aerosols); • Magnetised materials; • Oxidising substances; • Poisonous, toxic, infectious substances; • Radioactive materials; • Chemical oxygen generators; • Security attaché cases (if fitted with alarm or pyrotechnic material); • Other dangerous goods (such as offensive or noxious materials and a wide range of items as per IATA Dangerous Goods Regulations); and • Other articles which may pose a security risk. 3.7 If in doubt Passengers should review the information available at the Nauru Airlines website (www.nauruairlines.com.au) or by contacting Nauru Airlines Call Centre on 1300 369 044 (within Australia) or +61 7 3229 6455 (for international calls). 3.8 By Law sharp objects or cutting implements (including but not limited to knives, box cutters, letter openers, scissors, tradesman’s tools, screwdrivers) or objects which allow a person to strike another person (such as baseball bats, pool cues, golf clubs, ski poles, ice picks, hammers) must not be taken into any aircraft cabin, and must be packed in Your Checked Baggage. Screening authorities will remove any such items and it may not be returned to You. 3.9Passengers carrying hypodermic needles will need to declare them at the screening point. Where possible documentation should be produced. Medication should have a professionally printed label identifying the medication or a manufacturer’s name or pharmaceutical label affixed.
4. LIMITATION OF LIABILITY FOR INTERNATIONAL PASSENGERS
If Your travel involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention (as amended) and/or Montreal Convention (as amended) may be applicable. Conventions may govern and, in most cases, limit the liability of Nauru Airlines for death or personal injury and in respect of loss of or damage to Baggage and delay. 4.1 If the Warsaw Convention (as amended) applies the limits can be as low as US$10,000. 4.2 If the Montreal Convention (as amended) is applicable We will be liable for any recoverable compensatory damages up to 113,100 SDRs (approximately AU$197,000 at the time of writing) in respect of death or bodily injury caused by an accident onboard an Nauru Airlines aircraft or during embarking or disembarking. We will not exclude or limit Nauru Airlines’s liability. 4.3 However any liability We may have for damage will be reduced in accordance with any Law for any negligence on Your part that causes or contributes to the damage. 4.4 We will not be liable for damages arising in respect of death or bodily injury to the extent that they exceed for each Passenger 113,100 SDRs (approximately AU$197,000 at the time of writing) if such damage was not due to the negligence or other wrongful act or omission by Us or Our agents; or such damage was solely due to the negligence or other wrongful act of a third party. 4.5Where Your flight is wholly within Australia and is not International Travel it is subject to the provisions of the Civil Aviation (Carriers’ Liability) Act 1959 (as amended) or complementary State legislation and Our liability for your injury or death is limited to AU$500,000.
4.6 In the case of delay to Your flight:
4.6.1 where the Warsaw Convention (as amended) applies, We will be liable for damage except when We took all necessary measures to avoid the damage or it was impossible for Us to take such measures; and 4.6.2where the Montreal Convention (as amended) applies, We will be liable for damage except when We took all measures that could reasonably be required to avoid the damage or it was impossible for Us to take such measures. Our liability under the Montreal Convention (as amended) is limited to 4,694 SDRs (approximately AU$8,100 at the time of writing).
4.7 In relation to destruction or loss of or damage or delay to Your Baggage:
4.7.1 if the Warsaw Convention (as amended) applies Our liability for loss, delay or damage is limited to about AU$32.00 per kilogram for Checked Baggage or about AU$640 for Carry-on Baggage (unless Article 25 of the Warsaw Convention applies, in which case these limits do not apply); and 4.7.2 if the Montreal Convention (as amended) applies Our liability is limited to 1,131 SDRs (approximately AU$1,950 at the time of writing). 4.7.3 Where Your flight is wholly within Australia and is not International Travel it is subject to the provisions of the Civil Aviation (Carriers’ Liability) Act 1959 (as amended) or complementary State legislation and Our liability for loss or damage is limited to AU$1,600 per Passenger for Checked Baggage and AU$160 per Passenger for Carry-on Baggage. 4.8 If the value of Your Baggage is greater than the above limit(s), You should inform Nauru Airlines Staff at check-in or make sure that the Baggage is fully insured prior to travel. 4.9 You must bring any action(s), suit(s), cause(s) of action(s), proceeding(s) or claim(s) if seeking to recover damages within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. 4.10 In relation to any claim for loss of or damage to Baggage, the claim must be made in writing to Us within the following time limits: • 3 days in the case of damage to or loss or destruction of part only of any item of Checked Baggage or Carry-on Baggage, after the date of receipt of the remainder of the item; • 21 days in the case of loss or destruction of the whole of the item of Checked Baggage from the date that the Baggage should have been placed at Your disposal. 4.11Nauru Airlines’s liability for lost or damaged Baggage is not new for old replacement and is limited to the actual loss suffered by the Passenger limited to that set by any Convention.
5. GOVERNMENT-IMPOSED TAXES, FEES AND CHARGES
5.1 The price of Your Ticket may include taxes, fees and charges that are imposed on air transportation by government authorities. They may represent a significant portion of the cost of air travel and are either included in the Fare or shown separately in the “airports taxes” or “taxes/fees/charges” section of Your Ticket or Itinerary. 5.2Not all Governments and Airports levy their fees and taxes at the time you purchase your ticket so you may also be required to pay taxes or fees or charges not already collected.
6. SEATING AND OVERBOOKING
6.1 Nauru Airlines does not guarantee you any or a particular seat(s) even if your reservation is confirmed. You must accept any seat allocated on the flight even if it involves a service downgrade. In the case of a service downgrade the Fare difference may be payable to You after You lodge a formal request at your arrival destination. 6.2You may be entitled to compensation if you are refused carriage because your flight has been overbooked due to various reasons and you hold a Ticket and Reservation and have complied with Nauru Airlines Conditions of Carriage in relation to reservations, ticketing and check-in.
Refunds are only permitted where Fare Rules allow such refund or in case of a service downgrade. On request Your refund request will be processed and any amount due will be paid less an administration fee. Refunds are only paid to Passengers under whose name the booking was made or in case of sponsors to the sponsor. Taxes, fees and charges are generally non-refundable.
Nauru Airlines collects information about you (including health information where necessary) to provide products and services to you, process your travel arrangements, facilitate, conduct marketing activities and market research. If the information is not provided Nauru Airlines may not be able to provide the service requested. Nauru Airlines may disclose your personal information to its related companies, other carriers, travel service providers, organisations which provide services to Nauru Airlines such as collecting commissions, your employer if you are travelling on a ticket provided through your employer’s agreement with Nauru Airlines, various law enforcement agencies and governments for security, customs and immigration purposes. You may gain access to the information Nauru Airlines holds about you by contacting Nauru Airlines Contact Centre in writing at PO Box 10355, Adelaide Street, Brisbane, Queensland 4000, Australia.
The singular includes the plural and vice versa, and words of one gender include all genders. The titles of Clauses and the marginal headings are inserted for convenient reference only and are not to be used in ascertaining the meaning of any of the provisions of this Contract. The full details of the terms can be found in section 18 of the Conditions of Carriage.