1 conditions of contract
(a) Each Booking is made, and the carriage of Passengers by Strategic on Domestic Travel and International Travel is provided, in accordance with the following:
- The Strategic General Conditions of Carriage (available on request from Strategic 135 320, and at the Strategic website www.flystrategic.com).
- These Terms and Conditions
- Applicable Fare Rules
- Applicable laws and Conventions
- Directions issued by Strategic staff from time to time
(b) These terms and conditions may not be altered, modified or waived by any person (including Strategic’s agents, servants, employees or representatives).
(c) These terms and conditions also apply to Strategic’s employees, agents and representatives, all other carriers used by Strategic to carry the Passenger and those carriers’ employees, agents and representatives.
(d) Strategic 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 Strategic, without any obligation to provide reasons for such refusal.
(e) In the event of any inconsistencies between these Terms and Conditions and the General Conditions of Carriage, the General Conditions of Carriage shall govern to the extent of such inconsistency.
(e) Each Passenger must hold and present upon request a valid Strategic Airlines ticket and/or boarding pass in order to be carried on a flight. Mutilated or damaged tickets will in certain circumstances be replaced at Strategic’s discretion. Tickets are not transferable and are generally valid for one year after issue.
(f) Strategic will use its reasonable efforts to carry you and your Baggage in accordance with the date and time specified but does not guarantee it will be able to do so. Schedules may change from time to time at short notice. Strategic may, without notice, substitute alternate Carriers or aircraft and may alter or omit transiting ports on the ticket in the case of necessity. Strategic assumes no responsibility for Passengers making or missing transport or other connections. Except to the extent required by applicable laws, Strategic assumes no liability or any losses which a Passenger may incur as a result of any delays or rescheduling of flight services.
(g) The contract between you and Strategic, including any exclusion or limitation of liability, applies to the benefit of Strategic employees, agents and representatives.
(h) Passengers must comply with all government (local and foreign) travel requirements, present exit, entry and other required documents and arrive at airports by times fixed by the Carrier, or if no time is fixed, early enough to complete departure (check-in / baggage) procedures.
2 BAGGAGE
2.1 Baggage Allowances
The following Baggage allowances shall apply on Strategic services;
(a) On Domestic Travel:
(i) Each Economy Class Passenger (except an infant not occupying an aircraft seat) may carry up to 23 kilograms of Checked Baggage and up to 7 kilograms of Carry-on Baggage.
(ii) Each Business Class Passenger (except an infant not occupying an aircraft seat) may carry up to 30 kilograms of Checked Baggage and up to 7 kilograms of Carry-on Baggage.
(iii) Carry-on items must not exceed 105 linear centimetres and must be able to fit in designated stowage areas.
(b) On International Travel:
(i) Each Economy Class Passenger (except an infant not occupying an aircraft seat) may carry up to 23 kilograms of Checked Baggage and up to 7 kilograms of Carry-on Baggage.
(ii) Each Business Class Passenger may carry up to 30 kilograms of Checked Baggage and up to 7 kilograms of Carry-on Baggage.
(iv) Carry-on items must not exceed 105 linear centimetres and must be able to fit in designated stowage areas.
(c) Excess baggage charges will apply for Passengers exceeding baggage allowances.
(d) In addition to the foregoing, on Domestic and International Services, an additional allocation of up to 10 kilograms per Passenger will be permitted at Strategic’s reasonable discretion and subject to aircraft weight and balance limitations, for the carriage of sporting equipment; e.g. bowls, surfboards (height restrictions), golf clubs.
(e) If any Carry-on Baggage exceeds the foregoing limits Strategic may direct such Baggage be stowed in the aircraft hold and in this event the Strategic will treat the Carry-on Baggage as Checked Baggage and reserves the right to charge an excess Baggage fee.
(f) Baggage that exceeds the designated weight and volume restrictions may be accepted by Strategic at its absolute discretion and upon payment by Passenger of applicable excess baggage charges prior to carriage. Subject to weight restrictions applicable to a fare class, no individual piece of Checked 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 or volume restrictions will only be carried at Strategic’s discretion. Strategic will use all reasonable endeavours to ensure carriage of Baggage, on the same flight as the Passenger subject to aircraft operational limitations. If the event this is not possible, Strategic will carry the Baggage on the next available flight. Infant equipment, including carry baskets, capsules or strollers, and sports equipment will be carried in accordance with Strategic’s policies and will be stowed in the aircraft hold during the flight.
(g) The following items may be carried free of charge: one Infant carry basket or capsule per accompanying infant, one collapsible stroller or pram per accompanying infant, one wheelchair (fully collapsible) per passenger; crutches or other prosthetic device if a Passenger is dependent on such device for the purposes of the flight.
2.2 Prohibited Items
(a) Strategic will not carry and you must not attempt to bring on board as Carry-on Baggage or pack into your Checked Baggage any items which are likely to endanger the aircraft or persons or property on board the aircraft; any items which are prohibited from being carried on an aircraft by any applicable national or international law, regulation or order; any items which are listed as dangerous goods on your ticket; items that may become or are dangerous such as those items identified in the ICAO Technical Instructions for Safe Transport of Dangerous Goods by Air or the IATA Dangerous Goods Regulations; or items which are prohibited by other regulations from being carried on an aircraft.
(b) Passengers should not include delicate, brittle, fragile or precious items, valuable business or financial documents or instruments and other like items in Checked Baggage. Dangerous goods can be considered as weapons, explosives, all types of gases under pressure, flammable liquids and solids, organic peroxides and oxidisers and all types of toxic substances, corrosive substances and radioactive material. There are some items that by their nature may be acceptable. If in doubt contact Strategic or Strategic Airlines before packing any dangerous goods in your Baggage.
(c) Strategic may in its discretion refuse carriage of Baggage that does not comply with the General Conditions of Carriage or may refuse to carry an item because of its size, weight, shape or contents.
(d) For reasons of safety and security Strategic may request the Passenger to permit a search to be made of their Baggage.
(e) In the case of Checked Baggage Strategic will provide a bag identification tag and requires all such Baggage to be clearly labelled with the identity of the Passenger.
(f) After arrival at the destination the Passenger is required to collect Baggage as soon as practicable and shall upon request produce the Baggage check or other suitable means of identification.
2.3 Strategic will not be liable for loss or damage to or delay in the delivery of delicate, brittle, fragile or perishable items, money, jewellery, precious metals, securities, passports, title deeds, artefacts, manuscripts or other valuables (including but not limited to cameras, videos, laptops and other electronic equipment) which are included in the Passenger’s checked baggage whether with or without the knowledge of Strategic.
Valuable items should be carried on your person or in your Carry-on Baggage and under your care. If the aforementioned items are checked in as Baggage, Passengers agree that those items shall be at their own risk and shall indemnify and hold Strategic harmless for any Loss in respect thereof.
2.4 Notwithstanding the restriction outlined in 3.3 above, Strategic shall be liable for damage to Checked Baggage only if such damage has been caused by the negligence of Strategic subject to applicable limitation provisions.
2.5 Strategic’s liability for loss of or damage to Passenger Baggage is subject to and as provided by the Civil Aviation (Carriers Liability) Act, 1959, as amended and any other relevant legislation in respect of Domestic Travel (as further described in Section5 below) and as provided by the applicable Convention in respect of International Travel
2.6 Any claim for damage to Checked Baggage or Carry-on Baggage shall be made in writing within 3 days of receipt by Passenger of the remaining Baggage in relation to one or more items contained in the Baggage and within 21 days in the case of loss or damage to the whole of an item of Checked Baggage.
3 CANCELLATION OR CHANGE OF SCHEDULE
If due to circumstances beyond its control Strategic cancels or delays a flight or is unable to provide a previously confirmed space, Strategic shall either carry the Passenger on another of its scheduled Passenger flights on which space is available or make a refund of the cost of the ticket, and to the extent permitted by applicable law, shall be under no further liability to the Passenger.
4 LIMITATION OF LIABILITY
4.1 Subject to the provisions of these Terms and Conditions, the applicable Convention and any applicable laws, Strategic shall not be liable for or in connection with any:
(a) Loss sustained to Baggage, including that which is the result of normal wear and tear;
(b) Ilness, injury or death of any person, including (without limitation) any illness, disability or personal injury to, or death of, a Passenger resulting from or contributed to by an existing physical or mental condition where such condition is caused or aggravated by flight;
(c) Loss caused by or arising from a Passenger’s negligence or failure to comply, or compliance with, any applicable laws or regulations;
(d) Loss arising out of or connected to the provision of transport (including ground, water or other modes of transport) and other services to the Passenger. Strategic will rely to the fullest extent available to it on all limitations of liability and defences under the Convention, hereunder and under any applicable law. Strategic reserves all rights against any other person, including rights of contribution and indemnity.
4.2 Domestic Carriage
Strategic’s liability in the course of providing Domestic Carriage is limited by and subject to the provisions of the Civil Aviation (Carriers Liability) Act, 1959, as amended, complementary State legislation and these Terms and Conditions to: AUD$1,600 in respect of destruction, loss or injury to a Passenger’s Checked Baggage; AUD$160 in respect of destruction, loss or injury to a Passenger’s Carry-on Baggage; and AUD$500,000 in respect of personal injury or death of a Passenger.
4.3 International Carriage
Strategic’s liability in the course of providing International Carriage is subject to and limited by these Terms and Conditions and by the applicable Convention.
4.4 The liability of any other Carrier involved in your journey will be determined by the relevant Carrier’s own conditions of carriage. If Strategic issues a ticket or if Strategic checks-in baggage for carriage on another Carrier's flight, Strategic does so only as agent for that Carrier
5 SEARCHES
Strategic, Government or Airport officers may require you to submit to clothing or body searches; require you to submit your baggage to searches or inspections and search or inspect your baggage with or without you.
6 RIGHT TO REFUSE CARRIAGE
Strategic reserves the right to refuse carriage to any person who seeks to travel in violation of the applicable law, or general conditions of carriage, or under the influence of drugs or alcohol, or if it is necessary for the safety or comfort of other Passengers or for the protection of property.
7 CONTAGIOUS DISEASE
7.1 In accordance with the Civil Aviation Orders and the duty of care to protect Passengers and crew, Strategic will not carry Passengers suffering from or who have been diagnosed with or who display the symptoms of a communicable or contagious disease or condition, while they are infectious. Passengers must inform check-in staff prior to travel if they are suffering from or who have been diagnosed with a communicable or contagious disease or condition.
7.2 A medical certificate or letter from a qualified physician stating that the Passenger “is not suffering from a communicable disease at the contagious stage” is required before travel can be approved for the following contagious conditions:
- Chicken pox
- Mumps
- Shingles
- Rubella (German Measles)
- Hepatitis A
- Whooping Cough (Pertussis)
- Measles
- Tuberculosis