The Company reserves the right without notice to substitute any aircraft or other means of transport either before the departure of the flight or at any intermediate airport; to alter or omit any advertised stopping place, and to dispatch the aircraft before or after the date or hours advertised or announced for its departure. All the conditions of this ticket shall extend to carriage by substituted aircraft or other means of transport.
2. The Company reserves the right at any time to cancel any flight or, whether the scheduled flight on which the passenger or goods were booked takes place or not, to cancel any ticket or booking of any passenger or goods or to carry the passenger for portion only of any booked flight and the Company shall not under any circumstances be under any liability to the passenger for failure to carry him at the booked or scheduled time, or at all.
3. Times of arrival and departure are not guaranteed. The passenger must be ready at the airport or other place of departure at the time stipulated or advertised otherwise the passenger’s seat may be cancelled or re-allocated to another passenger. Refunds and cancellation fees will be made and charged by the Carrier at its absolute discretion.
4. If, in the opinion of the Pilot, the aircraft cannot be safely landed at any airport, passengers for such airport may be landed at an alternate airport and will be entitled to be returned to the airport of original destination by the first aircraft of the Company having space available. Passengers must wear their own expenses while waiting for their flight back and the Company shall not be liable to the passengers for any loss, damage or expenses of any kind arising howsoever from such over carriage or delay.
5. The Company is not a common carrier and reserves the right to refuse to carry any passenger, baggage, or goods without assigning any reason therefore. The passenger shall comply with the Air Navigation Act 1920-1966 and all Regulations, orders and instructions issued or made in pursuance thereof and with the conditions of this ticket and with the terms of any notice exhibited in the Aircraft and with the instruction of the Company and its officers and shall be responsible for any damage or loss occasioned by his failure to do so. The passengers shall not take into the Aircraft or include in his baggage or goods any explosive, volatile spirits, corrosives, matches (other than safety matches), any easily ignitable article or any offensive thing likely to cause inconvenience to passengers or anything likely to endanger aircraft, passengers or goods. The passengers shall not, while on board the aircraft, consume any intoxicating beverage unless it has been sold or otherwise supplied to him on board this aircraft by servants of the carrier. The passenger must not enter or remain in any aircraft and may be removed therefrom while he is in the opinion of any officer of the Company in breach of any of the provisions of the said Acts, Regulations, order or instructions. In the event of the passenger being required not to embark or to disembark from the aircraft under the provisions of this condition the Company shall not be under liability for such a passenger whatsoever.
6. The passenger and his baggage are carried subject only to the liability imposed on the Company by the Civil Aviation (Carriers Liability) Act 1959-82 (as amended) of the Commonwealth of Australia, or by the applicable Act of any Australian State or by these conditions. The liability of the Company, whether arising out of a contract of carriage to which any of the said Acts applies or not, is limited to a sum or sums not exceeding: – (a) in respect of death or of injury to the passenger $500,000. (b) in respect of registered baggage $1,600. (c) in respect of baggage not registered $160. Subject to the foregoing and to any other conditions imposed by any of the said Acts, the Company accepts no responsibility for damage of any kind whatsoever (including death, injury, delay or loss) arising out of, or incidental to, the carriage or any services ancillary thereto (including embarking and disembarking and the transfer of the passenger and his baggage to or from any airport, taking off or landing place) whether or not such damage be due to negligence on the part of the Company, its servants or agents or otherwise howsoever, and the passenger for himself and his executors, administrators and dependents expressly renounces all against the Company in respect thereof (other than claims made pursuant to the provision of any of the said Acts) whether they may be due to negligence on the part of the Company its servants or otherwise howsoever. Notwithstanding anything herein contained the Company will be under no liability for loss of or damage to registered baggage reported more than 12 hours after such baggage became available for collection or for loss of or damage to any baggage resulting from the inherent defect, quality or vice of the baggage.
7. The Company may arrange with any other person, firm or corporation to undertake the carriage hereby contracted for, or services ancillary thereto (including the transportation of the passenger and his baggage to or from any airport or taking off or landing space) or any part thereof, and the provisions of condition 6 hereof shall (mutatis mutandis) apply to such person, firm or corporation its servants or agents whilst in the course of undertaking any such carriage or services as though he, it or they were the Company.
8. This ticket is available for use within 12 months of date of issue only. Wheresoever this ticket may have been issued, these conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and any Australian State.
9. In these conditions the expression “the Company” shall mean and include King Island Airlines, their servants, agents and employees and any person, firm or corporation with whom the Company may have had made arrangements pursuant to Condition 7 hereof, and his or its servants, agents or employees and the expression “the passenger” shall mean the passenger to whom this ticket is issued, or who is carried by virtue of the issue thereof. Words importing the singular or plural number or the masculine or feminine gender shall, where the context permits, include the plural or singular number or the feminine or masculine gender as the case may be.