The terms and expressions employed in these General Conditions of Carriage are used with the following meanings:

 

International Agreements (IIA and MIA) of the International Air Transport Association (IATA)

mean the inter-carrier agreements modifying certain provisions as to the liability of air carriers, signed on 31 October 1995 in Kuala Lumpur (IIA) and on 3 April 1996 in Montreal (MIA), in force since 1 April 1997, and that are included in the legal scope of the international sources of law on carrier liability (hereinafter referred to by the terms “Warsaw Convention”, “Convention” or “Montreal Convention”) and of the Chicago Convention of 7 December 1944 and its Annexes, particularly Annexes 9, 17 and 18.

 

Agreed Stopping Place

means a stop scheduled by Passengers during their journey, at a stopover located between the departure point and the arrival point.

 

Air Carriage

means the carriage of Passengers and their Baggage, in accordance with the applicable Convention.

 

Airline Designator Code

means the code issued by IATA, the International Air Transport Association, identifying each carrier that is a member of the association and shown on the Ticket.

 

Authorized Agent

means an individual or legal entity that is authorized by the Carrier to represent the Carrier in the sale of air carriage tickets for its services.

 

Baggage

means the effects and other personal items that accompany Passengers during their journey. Unless otherwise specified, this term includes both Checked Baggage and Unchecked Baggage.

 

Baggage Check

means the part of the ticket pertaining to the carriage of the Passenger’s Checked Baggage.

 

Baggage Identification Tag

means a document issued by the Carrier for the sole purpose of identifying the Passenger’s Checked Baggage.

 

Checked Baggage

means Baggage of which the Carrier takes custody only during air carriage and for which the Carrier has issued a Baggage Check.

 

Unchecked Baggage

means all Baggage, other than Checked Baggage belonging to the Passenger: for example, hand baggage. Unchecked Baggage remains in the custody of the Passenger.

 

Carrier

means AIR AUSTRAL or any other carrier, for which the Designator Code appears on the Ticket or on a Conjunction Ticket.

 

Community Air Carrier

means an Air Carrier holding a valid operating licence issued by a Member State of the European Union, in accordance with the provisions of Regulation (EEC) No. 2407/92 of 23 July 1992.

 

Check-In Deadline (CID)

means the time limit specified to all Passengers and before which Passengers must have completed their check-in formalities and received their Boarding Card.

 

Contract of Carriage

means the declarations attached to the Ticket or in the Ticket envelope or to the Travel Memo (Itinerary Receipt), and incorporating these General Conditions of Carriage, as well as notices to Passengers.

 

Convention

means, as applicable:

• The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw on 12 October 1929.
• The Hague Protocol of 28 September 1955, amending the Warsaw Convention.
• The Guadalajara Supplementary Convention of 18 September 1961.
• Montreal Protocols 1, 2 and 4 (1975), amending the Warsaw Convention.
• The Montreal Convention of 28 May 1999, which came into force on 28 June 2004.

 

Coupon

means a paper Flight Coupon or an Electronic Coupon, each of which bears the name of the Passenger who is to take the flight identified on the Coupon.

 

Electronic Coupon

means an electronic Flight Coupon or any other document of the same value, stored in the Carrier’s database.

 

Damage

includes death, bodily injury, delay, total or partial loss or other harm, arising out of or in connection with air carriage or other services performed by the Carrier.

 

Days

mean the calendar days, it being understood that in the event of notice being issued, the dispatch day is not included and that, in order to determine the validity of a Ticket, the date of Ticket issue or the flight departure date are not counted.

 

Force Majeure

means any unforeseeable, irresistible and uncontrollable circumstances, the consequences of which could not have been avoided despite the exercise of all due care.

 

Interior Flight or Domestic Flight

means any flight for which the departure and arrival town are located in the same State, within territorial continuity.

 

International Flight

means, as defined by the Convention, any flight for which the departure point and arrival point and, where applicable, the stopover point, are located on the territory of at least two States that are parties to the Convention, or within a single State if a stopover is scheduled in another State which may or may not be a party to the Convention.

 

Passenger

means any person, except members of the crew, carried in an aircraft under a Contract of Carriage.

 

Passenger with Reduced Mobility

means any person whose mobility is reduced when using transport because of a physical disability, intellectual impairment, age or any other cause of disability, and whose situation requires special attention and the adaptation to the person’s needs of the services made available to all Passengers.

 

Passenger Coupon or Passenger Receipt

means the portion of the Ticket, issued by the Carrier or in its name, which is identified as such and must be retained by the Passenger.

 

Person Entitled to Compensation

means the Passenger or any person who can claim compensation in respect of that passenger, in accordance with applicable law.

 

Security Item

means any object that, for security or safety reasons, cannot be carried on board, in accordance with applicable law.

 

Special Drawing Right (SDR)

means a unit of account of the International Monetary Fund (IMF) the value of which is periodically defined by the IMF.

 

Stopovers

mean the points, with the exception of the points of departure and arrival, shown on the Ticket as stopovers scheduled on the Passenger’s itinerary.

 

Tariff

means the fares, costs and related Terms and Conditions of Carriage filed by a Carrier with the governments that require this.

 

Ticket

means a valid document that establishes the Passenger’s right to carriage, in the form of a transport voucher or by equivalent means in a dematerialized form, including electronic, that is issued by the Air Carrier or an Authorized Agent.

 

Conjunction Ticket

means a Ticket issued to a Passenger in conjunction with another Ticket, which together constitute a single Contract of Carriage.

 

Electronic Ticket

means the Ticket saved in the Carrier’s reservation system. The existence of the Electronic Ticket is evidenced by the Travel Memo (or Itinerary Receipt) issued by the Carrier or in the Carrier’s name.

 

Travel Memo (Itinerary Receipt)

means one or more documents issued to Passengers travelling on Electronic Tickets. The Travel Memo, also called Itinerary Receipt, contains information on the Passenger’s identity and on the flight.