1. In these terms and conditions (where not inconsistent with the context): “ Australian Domestic Flights” means carriage wholly within Australia which is not part of International Travel; " Baggage" includes Registered Baggage and Carry-on Baggage; “Baggage Fee” means any fee specified in the Fare Rules as payable by the Guest for the Carrier to carry Registered Baggage;  " Booking" means the booking entry made with and accepted by the Carrier in relation to the travel sought by or on behalf of the Guest, the boarding pass, the baggage check and/or any other document or message of the Carrier relating to the contract for carriage concerning such travel; " Carrier" means the carrier which accepts the Booking and all carriers that provide transport and services the subject of the Booking to the Guest and any of that carrier's agents, servants, representatives, contractors, subsidiaries or related bodies corporate; “Carrier’s Website” means www.virginblue.com.au, www.flypacificblue.com or www.polynesianblue.com whichever website is relevant for the Carrier operating the flight the subject of the booking; “ Carry-on Baggage" means baggage, personal effects or other articles (not being Registered Baggage) which accompanies the Guest during the provision of transport and services the subject of the Booking; “ Convention” means (as applicable): the Convention for the Unification of Certain Rules Relating to International Carriage by Air (1929) (“Warsaw Convention”); the Warsaw Convention as amended at The Hague (1955); the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975); the Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975); the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975); the Guadalajara Convention (1961); and the Montreal Convention (1999); “ Domestic Travel” means Australian Domestic Flights and New Zealand Domestic Flights; “ Fare Rules” means those additional terms and conditions attaching to the transport and services the subject of the Booking (of which a Guest is notified at the time of booking); “ International Travel” means international carriage as defined in the Convention and includes any Australian and/or New Zealand Domestic Flight which forms part of an international trip; " Guest" means the person specified as receiving transport and other services in the Booking and any infant or Baggage carried with that person; “ Loss” means any loss, damage, cost or expense, including consequential or indirect loss, loss of profit or loss of opportunity; “ New Zealand Domestic Flights” means carriage wholly within New Zealand which is not part of International Travel; " Registered Baggage" means baggage, personal effects or other articles registered with the Carrier as baggage intended to be carried in the aircraft hold during the provision of transport and services the subject of the Booking and for which a bag tag number is issued by the Carrier; “Weight Limit” means the weight limit for Registered Baggage determined by the type of fare purchased by the Guest when making a Booking.  The weight limit and the terms and conditions that apply for receiving the benefit of the weight limit are specified in the Fare Rules and on the Carrier’s Website and may change at any time without notice.

2. The Booking and the contract for carriage between the Carrier and the Guest is subject to these terms and conditions and (as applicable) the Convention, Australian laws and/or New Zealand laws. These terms and conditions apply except to the extent of any inconsistencies with any applicable laws, in which event such laws will prevail to the extent of the inconsistency.

3. The Carrier is not a common carrier and may refuse to carry any person or Baggage, whether or not a Booking has been accepted or processed by the Carrier, without any obligation to provide reasons for such refusal.

4. Guests must check in to board the flight at the Carrier's check-in facility serving the place of departure: for International Travel (including domestic legs of an international flight) at least 90 minutes prior to the scheduled departure time; and for Domestic Travel at least 30 minutes prior to the scheduled departure time. Guests travelling domestically may check in on-line at www.virginblue.com.au, but must arrive at the airport at least 30 minutes prior to the scheduled departure time. The fare and any Baggage Fee paid may be forfeited and the Carrier may cancel or re-allocate the Booking if a Guest fails to arrive at the airport and check in by the time specified.

5. The Booking and the benefit of the contract for carriage are not transferable by the Guest. The Carrier reserves the right to refuse a person carriage unless satisfactory proof of identity (eg. passport, current drivers licence) and, in the case of minors, satisfactory proof of age (eg birth certificate), is produced at check in. Infants not requiring their own seat may be refused carriage or required to purchase a seat if satisfactory proof of age (under 2 years) is not provided.

6. The Booking is valid only for provision of the transport and services in respect of which it is accepted by the Carrier. Subject to clause 19 of these terms and conditions and to the extent permitted by law, no payment accepted by the Carrier in respect of a Booking is refundable under any circumstances unless specified otherwise in the Fare Rules. Guests may change Booking details, subject to the Fare Rules. If a Guest fails to travel on the scheduled services specified in the Booking, the Booking will lapse, become valueless and not be substitutable for other services.

7. The Carrier will make all reasonable endeavours to provide to the Guest the mode of transport or services the subject of the Booking but, in certain circumstances beyond its control, the Carrier may have to, without notice, substitute other means of transport or service. These terms and conditions of carriage apply to any such substituted transport or services and the Carrier will not be liable for any Losses which a Guest may incur as a result of any such substitution. In addition, the Guest acknowledges that the Carrier operates a number of different aircraft types with unique equipment, interior layout and service offerings. The Carrier can not and does not guarantee that the Guest will travel on a particular aircraft type or will be able to utilise all in-flight entertainment systems shown on the Carrier’s Website.

8. The Guest acknowledges that the Carrier may need to cancel or delay and reschedule flights or services due to industrial action, landing restrictions, airport loading restrictions, unsuitable weather conditions, technical problems, operational reasons, or any event beyond the Carrier's reasonable control, and scheduled flight times or destinations are not guaranteed. To the extent permitted by applicable laws, the Carrier will in no circumstances be liable for any Losses which a Guest may incur as a result of any such delayed or rescheduled flight or service.

9. If the Guest is landed at a destination other than that specified in the Booking, the Carrier will make all reasonable endeavours to convey the Guest to the specified destination, but undertakes no obligation to the Guest as to time or means of transport.

10. The Carrier may offer two or more flight sectors for sale as a scheduled connection ("Connecting Flight"). Subject to clause 8, in the event that a Connecting Flight fails to connect, the Carrier will use best endeavours to enable the Guest to travel on the Carrier’s next available flight to the destination at which the Guest was due to arrive on the Connecting Flight. However, the Carrier does not provide any guarantee whatsoever that any two or more single sector flights (which are not offered for sale as Connecting Flights) will connect (even though a Guest may book such single sector flights with the intention of those flights connecting). Subject to the provisions of these terms and conditions of carriage and any applicable laws, the Carrier is not liable in any way for or in connection with any Loss which a Guest may incur as a result of any such single sector Booked flights failing to connect. Further, other than for Connecting Flights, in no circumstances does the Carrier offer, provide or guarantee connections between the flights it offers and the flights of another carrier or any other form of transport, and subject to the provisions of these terms and conditions of carriage and any applicable laws, the Carrier is not liable in any way for or in connection with any Loss which a Guest may incur as a result of any such flight failing to connect with the flight of another carrier or another form of transport.

11. Guests must comply with all applicable laws, regulations, orders and notifications in force relating to air transport and all conditions and instructions of the Carrier. Guests must submit upon request by the Carrier to reasonable searches of their persons and Baggage.

12. A Guest may be refused entry, be requested to leave the aircraft or other means of transport or be physically restrained or removed if: the Guest is in breach of these terms and conditions, objectionable to other Guests or is, for any reason, disturbing, causing discomfort to or threatening the safety or security of other Guests, any property or the Carrier; the Guest is under the influence of alcohol or drugs or is not physically or mentally fit to travel; the Guest requires medical or other special assistance; in order to comply with any applicable laws, regulations, or orders of any state or country to be flown from, into or over. The Carrier is not liable for any Loss which the Guest incurs as a result.

13.1 Guests are responsible for obtaining all travel documents (including visas) and inoculations and for complying with all laws, regulations, orders and travel requirements of countries to be flown from, into or over. The Carrier will not be liable for the consequences of any Guest’s failure to obtain such documents or to comply with such laws, regulations, orders or requirements.

13.2 Prior to travel, Guests must present all valid travel documents required by the laws, regulations, orders or requirements of the countries concerned and permit the Carrier to make and retain copies thereof. The Carrier reserves the right to refuse carriage if a Guest does not comply with these requirements.

13.3 All Guests who are denied entry into any country will be required to pay the cost of transportation from that country to a country of the Carrier’s choosing where the Guest is acceptable. The Carrier may apply towards such cost any fare paid to it for unused carriage or any of the Guest’s funds in its possession. The fare collected for carriage to the point of refusal or denied entry will not be refunded by the Carrier.

13.4 The Guest must fully indemnify the Carrier for any Losses, legal costs and other expenses incurred by the Carrier (including any fines or penalties imposed on the Carrier) due to the Guest being denied entry into any country, the Guest’s failure to comply with these terms and conditions or the laws, regulations, orders or requirements of any country, the Guest’s failure to produce the required documents or the Guest’s behaviour, health or medical condition. The Carrier may set off against such Losses, costs and expenses any fare to it for unused carriage or any of the Guest’s funds in its possession.

14.1 Subject to the provisions of these terms and conditions of carriage, the Convention and any applicable laws, the Carrier is not liable for or in connection with any:

(a) Loss sustained to Baggage, including (without limitation) Loss which is solely the result of normal wear and tear;
(b) illness, injury or death of any person, including (without limitation) any illness, disability or personal injury to, or death of, a Guest caused or aggravated by the air travel where such travel posed a risk to the Guest due to the Guest’s age, physical or mental condition;
(c) Loss caused by a Guest’s negligence or breach of these terms and conditions or the Guest’s failure to comply with applicable laws, regulations, orders or requirements of any applicable country;
(d) Loss caused by the Carrier’s compliance with applicable laws, regulations, orders or requirements of any applicable country;
(e) death, personal injury, delay or Loss caused by anything in a Guest’s Baggage (and each Guest agrees to indemnify the Carrier for any death, injury, delay or Loss caused by the Guest’s Baggage to other persons or property, including the Carrier’s property); or
(f) Loss arising out of or in any way connected to the provision of transport and other services to the Guest (whether arising from negligence or otherwise) including, without limitation, any change to the transport or services described in or covered by the Booking or inaccuracies or errors in any information related to transport, services or pricing. The Carrier will rely on all limitations of liability and defences under the Convention and any applicable law. The Carrier reserves all rights against any other person, including rights of contribution and indemnity.

14.2 Australian Domestic Flights: The Carrier’s liability is limited by the provisions of the Civil Aviation (Carriers’ Liability) Act 1959 (Cth), complementary State legislation and these terms and conditions to: AUD$1,600 in respect of destruction, loss or injury to a Guest’s Registered Baggage; AUD$160 in respect of destruction, loss or injury to a Guest’s Carry-on Baggage; and AUD$500,000 in respect of personal injury or death of a Guest. If the Carrier is responsible in any way for carriage of a Guest by water, any liability is limited to the extent permitted by the Navigation Act 1912 (Cth).

14.3 New Zealand Domestic Flights: The Carrier’s liability is limited by the provisions of the Carriage of Goods Act 1979, Civil Aviation Act 1990 and these terms and conditions to: NZD$44,500 in respect of personal injury or death of a Guest where liability is not excluded by the Injury Prevention, Rehabilitation and Compensation Act 2001; and NZD$1,500 in respect of loss or damage to Registered Baggage. The Carrier will not be liable for any loss or damage in respect of any delayed or rescheduled flight or service except as prescribed in the Civil Aviation Act 1990. In any event, the Carrier’s liability is limited to the lesser of: the amount of damage proved to have been sustained as a result of the delay; or an amount representing 10 times the sum paid for the carriage. The Carrier will not be liable for any loss or damage in respect of Carry-on Baggage, subject to any rights the Guest may have under the Consumer Guarantees Act 1993. The Consumer Guarantees Act 1993 does not apply where a Guest acquires or holds himself or herself out as acquiring transport or other services provided by the Carrier for business purposes.

14.4 International Travel: Subject to these terms and conditions, the Carrier’s liability for personal injury or death of a Guest and for loss of or damage to Baggage is limited by the Convention. Where the Guest’s International Travel originates in New Zealand, the Carrier's liability for Registered Baggage is limited to NZ$44.50 per kilogram and liability for Carry-on Baggage is limited to a maximum of NZ$890. If the weight of a Guest’s Registered Baggage is not recorded on the baggage check, it is presumed that the total weight of the Registered Baggage does not exceed the applicable Weight Limit.

14.5 All Bookings: The Carrier does not accept the following items as Registered Baggage and does not accept liability for their loss or damage unless the items are identified to the Carrier 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 eg. glassware, sports equipment, musical instruments;
(d) Any item of a perishable nature eg. seafood;
(e) Medicines;
(f) Electrical or electronic components eg. computers, cameras;
(g) Any item that has insufficient packaging to withstand the normal circumstances and effects of carriage by air.

Any acceptance by the Carrier pursuant to this clause 14.5 is issued subject to clause 11 and 14 - 19.

14.6 All Bookings: The Carrier’s liability for lost or damaged Baggage is not new for old replacement and is limited to the actual loss suffered by the Guest.

15.1 Domestic Travel: Written claims must be made upon the Carrier: in respect of damage to or loss or destruction of only part of Registered Baggage, within 3 days of the Guest receiving the remainder of the Registered Baggage from the Carrier; in respect of loss or destruction of a whole item of Registered Baggage, within 21 days from the date the Guest should have received the Registered Baggage from the Carrier; or in respect of damage, loss or destruction of Carry-on Baggage, within 3 days from the date the carriage ended.

15.2 International Travel: Written claims must be made upon the Carrier: in respect of damage to or loss or destruction of Registered Baggage (or part thereof), within 7 days of when the Guest should have received the Registered Baggage from the Carrier; in respect of damage, loss or destruction of Carry-on Baggage, within 3 days from the date when the carriage ended; or in respect of delay of Registered Baggage, within 21 days of the Guest receiving the Registered Baggage from the Carrier. Acceptance of Registered Baggage by the Guest without complaint at the time of delivery presumes that the Baggage has been delivered in good condition and in accordance with these terms and conditions, unless the Guest proves otherwise.

15.3 All Bookings: Unless extinguished earlier by these terms and conditions, the Convention or applicable law, a Guest’s right to claim damages against the Carrier will expire if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped.

16.1 Each Guest (except an infant not occupying an aircraft seat) is entitled to carry on board (unless the Carrier directs such be stowed in the aircraft hold) either one briefcase or small bag, in either case not exceeding depth 23cm, height 34cm, length 48cm, and one suitpack or garment bag, in either case non-rigid/unfolded and not exceeding thickness 11cm, width 60cm, length 114cm (or another such briefcase or small bag instead of the suitpack/garment bag). The total weight of all Carry-on Baggage of each Guest (except infants not occupying an aircraft seat) must not exceed 7kg.  If any Carry-on Baggage exceeds these limits the Carrier may direct such baggage be stowed in the aircraft hold and in this event the Carrier will treat the Carry-on Baggage as Registered Baggage and may charge a Baggage Fee.  

16.2 Crutches or other prosthetic devices may be carried in the cabin provided the Guest is dependent upon their use in respect of the journey being undertaken.

16.3 Subject to complying with the dimension and weight restrictions published  on the Carrier’s Website, mobility aids and wheelchairs which Guests may reasonably need to use in respect of the journey being undertaken will be stowed in the aircraft hold during the flight and carried free of charge.

16.4 Each Guest (except an infant not occupying an aircraft seat) is also entitled to carry up to the Weight Limit of Registered Baggage. The Carrier may in its discretion charge a Guest a non refundable Baggage Fee for carrying the Registered Baggage. Registered Baggage that exceeds the designated Weight Limit may be accepted by the Carrier at its absolute discretion and upon payment by the Guest of the applicable excess baggage charge (at the rates specified on our website, which are subject to change at any time without notice) prior to carriage. No individual piece of Registered Baggage may exceed 32 kg or total linear dimensions (depth, width and length) of 140cm. All Baggage not meeting these requirements or total Baggage exceeding the designated Weight Limit or 140cm total linear dimensions will only be carried at the Carrier's discretion and may be carried on a later flight. Carrier will use all reasonable endeavours to ensure carriage of a Guest’s baggage, including Registered Baggage, on the same flight as the Guest. However, in some circumstances, aircraft operational limitations (for example, aircraft weight restrictions caused by unusually strong headwinds or very hot weather) may mean that Carrier is unable to carry a Guest’s baggage on the same flight the Guest. If this occurs, the Carrier will carry the Guest’s baggage on the next available flight. Infant equipment, including carry baskets, capsules or strollers, and sports equipment will be carried in accordance with the Carrier’s policies set out on the Carrier’s Website and will be stowed in the aircraft hold during the flight.

16.5 Guests must remove all Carry-on Baggage from the aircraft upon disembarking and collect their Registered Baggage as soon as it is made available for collection. Any Baggage not removed from the aircraft or not collected by the Guest will be disposed of by the Carrier (without any liability to the Guest) if it is not claimed within 90 days after the flight. The Carrier is not liable for any Loss suffered by a Guest who has failed to remove all Carry-on Baggage from the aircraft upon disembarkation.

17. Guests must not take or permit to be taken onto the aircraft or as Registered Baggage any dangerous goods or potentially dangerous goods including : Compressed gases (eg refrigerants, gases such as butane, aqualung cylinders, liquid nitrogen, oxygen); Infectious substances (eg live virus cultures, bacterial strains); Corrosive substances (eg acids, alkalines, mercury, wet cell batteries); Flammable liquids or solids (eg fuel of any kind, matches (except safety matches), paints, thinners); Explosives (eg firearms, ammunitions, fireworks, flares); Radioactive and magnetised materials; Oxidising materials (eg bleach, peroxide); Poisons (eg weedkillers, insecticides); Dead animal matter; Live animals (except as in clause 18); Weapons of any type (eg knives, box cutters, any item confiscated by airport security); or items the carriage of which is prohibited by the applicable laws, regulations or orders of any country to be flown from, to or over. The Carrier is entitled to destroy, abandon, withhold or retain such goods (without any liability to the Guest) and produce them as evidence in any proceedings or inquiry as it considers appropriate.

18.1 Domestic Travel: At the sole discretion of the Carrier (acting as agent for its freight company) and provided the Guest has contacted the Carrier a reasonable time prior to the date of travel to make arrangements, a maximum of 2 animals per Guest may be transported as freight, subject to space availability, any special conditions imposed by the Carrier (or its freight company) and payment of the applicable charge. All such animals must be secured in an appropriate animal travel container. Animals accepted by the Carrier on behalf of its freight company are not considered part of the Guest’s Registered Baggage and the Carrier is not liable for such animals under clause 14.2.

18.2 All Travel: Service assist dogs accompanying sight or hearing impaired Guests may be carried free of charge in addition to the Carry-on Baggage allowance, subject to any conditions specified by the Carrier. International Travel Guests must bring all the dog’s health and vaccination certificates, entry permits and all other documents required by any applicable laws, regulations or orders of any country to be flown from, to or over. The Carrier will not be liable for injury to or loss, illness, disability or death of any service assist dog, or in the event that it is refused entry into, or passage through any country, state or territory.

19. To the extent permitted by applicable laws, any liability of the Carrier for a breach of any provisions of the contract of carriage or related obligations shall not exceed resupply or the payment of the cost of resupply of the service in question.

20. The price of the travel the subject of the Booking may include taxes, imposts or fees which are imposed by governments or other authorities in relation to air transportation. Guests may be required to pay taxes, imposts or fees which have not already been collected.

21. The Guest consents to receiving electronic messages from the Carrier containing marketing and promotional material and agrees that the Carrier does not need to include an "unsubscribe" facility in any electronic message sent to the Guest.

22. These terms and conditions of carriage may not be altered, modified or waived by any person (including the Carrier’s agents, servants, employees or representatives).

23. These terms and conditions also apply to the Carrier’s employees, agents and representatives, all other carriers used by the Carrier to carry the Guest and those carriers’ employees, agents and representatives.