2. Conditions Apply Subject to Overriding Laws
2.1 Your Booking and the contract for carriage between us and you is subject to these Conditions and any applicable Convention or Law.
2.2 If any provision of these Conditions is void, illegal, invalid or unenforceable, the Conditions will be read down to the extent necessary to ensure they are not void, illegal, invalid or unenforceable.
2.3 These Conditions also apply to our employees, agents and representatives, all other carriers used by us to carry you and those carriers’ employees, agents and representatives.
2.4 Laws applicable to your booking
(a) In Australia, you have certain rights under the Australian Consumer Law. These include guarantees that the services we provide to you will be carried out by us with due care and skill, will be fit for a particular purpose and will be supplied within a reasonable time (the Consumer Guarantees). Where we fail to provide services to you in accordance with these Consumer Guarantees or otherwise in accordance with these Conditions or your Fare Rules, then you may have a right to seek a remedy from us in accordance with our Policies and any applicable Law, including the Australian Consumer Law.
(b) These Conditions do not exclude or limit the application of the Consumer Guarantees in the Australian Consumer Law or any other statutory rights you may have under other Laws or a Convention that applies to your carriage on our services and that cannot be excluded or limited (including the Civil Aviation (Carriers' Liability) Act 1959 (Cth)). Where there is an inconsistency between these Conditions and a Law or Convention that applies to your carriage, the Law or Convention will apply to the extent of the inconsistency.
(c) Statutory rights and rights otherwise implied by Law that can be lawfully excluded will not apply where these Conditions apply.
2.5 If a statute or other law provides a guarantee or warranty that cannot be excluded, to the extent permitted by Law, our liability for a breach of these guarantees or warranties will be limited to either the cost of resupplying the relevant service again or procuring a replacement product. You may also be entitled to a refund and compensation in accordance with our Policies or under the Australian Consumer Law.
2.6 Our Policies set out the assistance and compensation we will provide to you in the event of certain flight disruptions or cancellations. You may also have additional rights to compensation under the Australian Consumer Law or other applicable Laws.
2.7 You must comply with all applicable Laws, regulations, orders and notifications in force relating to air transport and all conditions and instructions issued by us.
3. Operation of Conditions
3.1 These Conditions will apply to your travel on flights operated or marketed by us (flights operated under the “VA” Airline Designator Code), to the extent they are applicable to your journey.
3.2 These Conditions do not apply to any non-air transportation or other services we arrange for you via third party providers as ancillary products to your flights (for example, bus transfers or hotel accommodation). We arrange these services for you as your agent and your contract is with the provider of the transportation or services.
3.3 Variation and Waiver. No employee, contractor, Authorised Agent or other person is authorised to vary these Conditions. However, our duly authorised employees and contractors may in certain circumstances waive Fare Rules or amounts payable. A waiver on one occasion does not constitute a waiver on any other occasion.
3.4 Transferability. Unless you are permitted to do so by the applicable Fare Rules, you may not transfer the Booking or the benefit of the contract for carriage. We reserve the right to refuse a person carriage if valid, satisfactory proof of identity (eg. passport, current drivers licence) in the same name as the Booking and, in the case of minors, satisfactory proof of age (eg birth certificate), cannot be produced at check in or presented to our staff at the airport (if you are asked to do so). 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 upon request.
4. Marketing and Promotional Material
You consent to receive electronic messages and marketing communications from us containing marketing and promotional material, and subject to any applicable Law, agree that we do not need to include an "unsubscribe" facility in any electronic message sent to you for the purposes of the Spam Act 2003 (Cth).
The consent contained in this clause 4 may not apply if you reside in the United Kingdom, Europe or Japan.
5. Codeshare Services
5.1 We will notify you if a service is a Codeshare Service (for example, by saying “Operated by Etihad Airways” on our website or on your Itinerary).
5.2 These Conditions apply to Codeshare Services. The operating carrier of each Codeshare Service is our agent for the purpose of exercising our rights under these Conditions if it is not possible for us to exercise its rights directly.
5.3 Codeshare Services are operated by different carriers and different types of aircraft (for example, single-aisle jets). Accordingly, services and facilities offered by us on our own aircraft (such as cabin classes, in-flight entertainment and services for passengers with special needs) may not be available on all Codeshare Services. In addition, different or additional rules may apply to Baggage on Codeshare Services. Please visit the operating carrier’s website for information about the carrier’s baggage policies. You can also find some information about Virgin Australia’s codeshare partners on our Website or by contacting our Guest Contact Centre.
5.4 The carrier operating a Codeshare Service arriving into or departing from the United States shall apply its Tarmac Delay Plan in any circumstances where it becomes necessary to do so. Please go to the operating carrier’s website for information regarding its Tarmac Delay Plan.
6. Interline Services/Other Carriers
6.1 At times you may also travel on services which we sell but which are operated by other carriers under those carriers’ flight numbers and Airline Designator Codes. If we issue you an Itinerary or a Ticket for carriage on another carrier’s flight and Airline Designator Code, we do so only as agent for that carrier, and that carrier’s conditions of carriage will apply. The operator's conditions of carriage may significantly limit or exclude its liability to you. Please go to the operating carrier’s website for further information about your rights in these circumstances.
7. Bookings, Seat Allocation and Tickets
(a) Bookings can be made directly with Virgin Australia, through our Website or via the Guest Contact Centre, or by an Authorised Agent.
(b) If you make a Booking through an Authorised Agent, you must contact the Authorised Agent to make changes to that Booking.
(c) A Booking is confirmed only when recorded and accepted by us.
(d) An open-dated ticket is not a Booking.
(e) Travel insurance: Air travel is inherently uncertain. The safety of our passengers and crew is our number one priority. Sometimes we will need to delay or cancel your flight due to reasons such as natural disasters, bad weather, technical and other reasons. If you are travelling for a particular purpose, you should carefully consider your travel plans and ensure you allow plenty of extra time when booking in case of disruptions. Travel may involve many risks to a passenger’s health and safety and possible exposure to liability. Subject to any Laws or Conventions that may apply to your carriage (as outlined in clause 2.4), our liability to passengers is limited as set out in these Conditions. We strongly recommend you purchase insurance to accommodate these circumstances including to cover any losses that may be incurred if you are unable to travel on your planned travel date.
(f) Taxes and Charges. You are responsible for and required to pay any applicable taxes or charges imposed by government, other authority or by the operator of an airport that are in effect on the date of travel and apply to your Booking.
(g) Unless your Itinerary, Ticket Fare Rules, applicable Tariffs or our Policies state otherwise, a Ticket is valid for one year from the date of commencement of travel, or if the Ticket is not used, one year from the date of the issue of the Ticket, unless we are required to extend your Ticket under applicable Laws or Conventions.
7.2 Fare Rules
(a) Any changes to your Ticket, Coupons or Itinerary must be made by us or an Authorised Agent, and must be in accordance with the Fare Rules (see (d) below).
(b) Fares. Virgin Australia sets Fares in its absolute discretion, and provide the inclusions and exclusions detailed in the Fare Rules. In general, Fares cover the transport of you and your Baggage Allowance from the origin specified in by your Booking to the destination specified in your Booking. The Fares do not cover your transport to or from the airport or between airports or other places.
(c) Which Fare Applies? For bookings made directly with Virgin Australia, we set fare pricing in our sole discretion. We will calculate your exact Fare when you pay for your Booking and reserve the right to change Fares (for example, by changing taxes or surcharges) before you pay for your Booking. If your booking is made through an Authorised Agent, the price of the Fare will be as advised to you by the agent. Please contact your Authorised Agent regarding any questions about fare pricing.
(d) Fare Rules. All Bookings will be subject to the Fare Rules applicable to the Fare that is in your Booking. We have various Fare Rules which apply to our Fares, which influence the price and the flexibility of the relevant Fares. The Fare Rules are set out on our Website and will also be provided to you at the time you make your Booking. The Fare Rules include information about the flexibility of your fare and will state whether or not the Fare can be changed, cancelled and/or refunded (other than when you have the right to do so under an applicable Law or Convention, including the Australian Consumer Law). You should carefully consider the Fare Rules, your requirements and your insurance cover before you pay for your Booking.
(e) Subject to the Fare Rules, if you do not fly on the services outlined in your Booking, the Booking may lapse, become valueless and may not be substitutable for other services. In this case, any amount you paid for your Booking will be forfeited.
(f) A Booking is valid only for the provision of the transport and services in respect of which it is accepted by us. Subject to these Conditions, our Policies, and your rights under applicable Laws including the Australian Consumer Law, no payment accepted by us in respect of a Booking is refundable unless specified otherwise in the Fare Rules.
7.3 Booking and Seat Allocation
(a) Once you have a Booking, you will also have to pay the Fare for the Booking within the Ticketing Time Limit. If you do not pay for your Booking by the Ticketing Time Limit, Virgin Australia may cancel your Booking or Tickets contained within your Booking. If you pay for your Booking within the Ticketing Time Limit, you will be issued with a Ticket by Virgin Australia or your Authorised Agent.
(b) If you do not use your Booking, depending on the Fare Rules which apply to your Booking, we may require you to pay a reasonable service charge in relation to your Booking, and may also cancel any onward or return Bookings.
(c) Some Virgin Australia Fare classes and cabin classes may allow you to request a preferred seat and/or cabin area. You may also have requested to be placed in a certain seat and/or cabin area during the booking process or after your Booking was made. We will endeavour to accommodate your seat request. However, we do not guarantee you any particular seat, even if you have nominated a seating preference or if you have paid to be seated in a particular seat. We may change your seat at any time, even after you have boarded the aircraft for any reason, including for safety or operational reasons. If you have paid to select a seat and do not receive the seat you requested, then please read either the Seat Selection Terms and Conditions, Preferred Seating Terms and Conditions, or Economy X Terms and Conditions (whichever is relevant to the product you purchased).
7.4 Tickets, Fares and Tariffs
(a) Issuing a Ticket. If you have a Booking and you pay for it within the Ticketing Time Limit, either we or an Authorised Agent will issue you with a Ticket. A Ticket may also be issued by another airline, but with Flight Coupons or Electronic Coupons which entitle you to travel on Virgin Australia services. A Ticket can be an Electronic Ticket or a Paper Ticket.
(b) Importance of Ticket. If you are issued with a Paper Ticket by another airline, you should take steps to keep your Ticket secure (such as only sharing your booking reference (found on your itinerary) with those you trust, and keeping your itinerary and login details safe). You should not provide third parties with details about your Booking. If your ticket was issued by another airline, it remains the property of that airline.
(c) Rules About Tickets. Tickets are not transferable, and you must not sell or transfer them to anyone else. We will not honour a Ticket which has been transferred or sold, or Tickets which are used by a person other than the person to whom the ticket was issued. If you are issued with a Paper Ticket, you will not be entitled to be carried if your Ticket is mutilated or if it has been altered otherwise than by us or an Authorised Agent. If you have been issued with an Electronic Ticket, you will need to provide valid, satisfactory identification upon our request prior to carriage on our services, which will need to match the name in which the Electronic Ticket has been issued.
(d) Tickets used in coupon sequence. You must use the Flight Coupons or Electronic Coupons in your Ticket in the sequence they appear on your Ticket, and you must commence your journey with the first coupon. If you do not, your Ticket may be invalid, and we reserve the right to refuse to carry you, and to cancel the Ticket.
(e) Booking details. Your Ticket and travel itinerary will contain details of your reservation with us. These details include your reservation code /ticket number which can be used to access and change your booking. If you are a Velocity Frequent Flyer member, you may access your flight booking by quoting your Velocity PIN. It is your responsibility to keep your reservation code /ticket number and Velocity PIN secure and not disclose this information to third parties. We are not liable for any loss you may suffer as a result of you disclosing your booking details or Velocity PIN to a third party.
7.5 Twenty-four hour reservation requirement - travel to or from the USA
If you are travelling to or from the USA and book a fare seven (7) days or more prior to your flight’s scheduled departure time, you may cancel your booking without penalty within 24 hours of making it, or hold a reservation at the quoted fare for 24 hours without payment. You can arrange this by calling our Guest Contact Centre on 136 789 (or 1855 253 8021 if calling from the USA).
8. Before Your Flight
8.1 Your Health
(a) Your health and well-being are important to us. You should be aware of health and safety issues which are relevant to you and advise us about any health issues which affect your safety or the health and safety of others at the time you make your booking. You should consult your doctor and then notify your Authorised Agent or our Guest Contact Centre.
(b) Risks Inherent to Being Seated for Extended Periods of Time. Sitting for extended periods of time may be a risk factor for some people forming blood clots in the legs, known as Deep Vein Thrombosis (DVT). You should discuss with your doctor whether you are at risk of suffering DVT, and if so, what preventative measures you should take when travelling by air.
(c) Medical Clearance. If you have a medical condition that is listed in our Medical Clearance Guidelines, we may require you to provide a Medical Clearance Form signed by a qualified medical practitioner as a condition of your carriage on our services. If you do not provide a Medical Clearance Form which is acceptable to us, we may refuse to carry you on our flights. We may amend the Medical Clearance Guidelines at any time without notice to you, so it’s important that you always check the guidelines prior to travelling with us.
8.2 Passports, Visas and Authorisations – International Travel
(a) It is your responsibility to comply with all Laws, regulations and orders of your destination country. You should consult with the government which issued your passport, and consider the following:
i. You must have a valid passport. If your passport expires in 12 months or less, you should check whether your passport validity period meets the requirements of your destination country for the duration of your stay;
ii. Check with the government which issued your passport, and the consulates of your destination country, to see whether you need a visa or other travel document, or other information such as vaccination records; and
iii. Find out about any dangers to your health and safety at your destination country.
(b) The items set out in clause 8.2(a) are given as a guide only. It is your responsibility to ensure that you have all required authorisations and documentation for your travel. Any assistance which we may provide you in this area does not release you from your obligations under this clause 8.2.
(c) You should check relevant government websites to find out about any dangers and risks to your health and safety at your destination country. You can do this by checking with government agencies like the Australian Department of Foreign Affairs and Trade, the US Bureau of Consular Affairs, the UK Home and Foreign Offices or the New Zealand Ministry of Foreign Affairs and Trade.
9.1 Carry-on Baggage
(a) You are entitled to carry a limited amount of baggage on board, provided that it complies with our requirements and these Conditions. The current allowances for Carry-on Baggage are set out our Website and may change. If any Carry-on Baggage exceeds our size and Weight Limit or otherwise does not meet the requirements set out on our Website, we may direct that the baggage be stowed in the aircraft hold and in this event we will treat the baggage as Checked Baggage and may charge a Baggage Fee if applicable. Carry-on Baggage allowances do not apply to an infant not occupying an aircraft seat.
(b) You may carry crutches or other prosthetic devices in the cabin if you are dependent upon their use during your travel.
(c) Special items. We may accept larger items (such as musical instruments) which would normally not be suitable as Carry-on Baggage, if you make prior arrangements with us. Virgin Australia reserves the right to charge a reasonable additional fee for the carriage of the item as Carry-on Baggage, which will depend on the type of item you intend to carry and will be disclosed to you at the time you make a request to carry the item.
9.2. Checked Baggage
(a) Domestic and International. Depending on the Fare you have purchased, you may be entitled to a Checked Baggage allowance. Economy Lite fares do not include Checked Baggage. If Checked Baggage is included in your Fare, you are entitled to carry up to the designated Weight Limit and Piece Limit of Checked Baggage free of charge. Your Baggage allowance will depend on your Fare and the Fare Rules. The current allowances for Checked Baggage are set out on our Website and may change. The allowance applicable to your Booking will be the allowance published at the time you make your Booking.
(b) Excess Baggage and Oversized Baggage. We may accept Checked Baggage that exceeds the designated Weight Limit and Piece Limit at our absolute discretion and upon payment by you of the applicable excess baggage charge (at the rates specified on our Website, which are subject to change without notice) prior to carriage. Additionally, if your Baggage exceeds certain size and weight limitations, it must be sent as freight. Please see our Website or contact the Guest Contact Centre for further information.
(c) We will use all reasonable endeavours to ensure carriage of your Baggage on the same flight as you. However, in some circumstances, aircraft operational limitations may mean we are unable to carry your Baggage on the same flight as you. If this occurs, we will carry your Baggage on the next available flight.
(d) Infant equipment, including prams/strollers, capsules, portable cots and car seats will be carried in accordance with our Policies set out on our Website and will be stowed in the aircraft hold during the flight.
(e) Carriage of Mobility Aids:
i. For flights to and from the US only. We provide priority stowage onboard the aircraft for one collapsible manual wheelchair or other assistive devices (such as canes, crutches and walkers). Wheelchairs and other assistive devices carried onboard do not count as Carry-on Baggage. Mobility aids and wheelchairs that cannot be accommodated in priority cabin stowage will be stowed in the aircraft hold as Checked Baggage during the flight and carried free of charge.
ii. All other flights. If you are dependent on a mobility aid and/or a wheelchair, this will be carried free of charge and stowed in the aircraft hold as Checked Baggage, provided it complies with the size and Weight Limit published on our Website.
(f) You must not take or permit to be taken onto the aircraft or as Checked 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) except as permitted in accordance with our Policies set out on our website; Radioactive and magnetised materials; Oxidising materials (eg bleach, peroxide); Poisons (eg weedkillers, insecticides); Dead animal matter; Live animals (except as permitted in clause 9.4); Weapons of any type (eg knives, box cutters, any item confiscated by airport security) except as permitted in accordance with our Policies set out on our website; 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. We are entitled to destroy, abandon, withhold or retain such goods without any liability to you and to produce them as evidence in any proceedings or inquiry as we consider appropriate. To the extent permitted by Law, we are not liable to you for any Loss you suffer as a result of us taking these actions.
(g) Subject to clause 19.7, you must never include in your Checked Baggage any money or similar items like negotiable instruments, valuable items like jewellery, identification papers like passports, important original documents, or other valuable items. Subject to any rights you have under these Conditions, applicable Laws (including the Australian Consumer Law) and the Conventions, we will not be responsible for Loss of or damage to such items, whether you take them as Checked Baggage or Carry-on Baggage.
(h) Checked Baggage Receipt. You may be given a Checked Baggage receipt when you check in your baggage. You must retain this receipt to assist you with claiming Checked Baggage at your destination or to make a claim for any applicable compensation if your Checked Baggage is lost or damaged.
(i) Identification of Baggage. You must ensure that all of your Checked Baggage is marked with your name and address, or some other form of unique identification which will allow us to confirm that the Checked Baggage belongs to you.
(j) Sporting Goods. We may classify sporting goods in a different manner from other Checked Baggage. Our Policy for carriage of sporting goods is set out on our Website or you may contact our Guest Contact Centre for more information.
9.3 All Travel
(a) Right to Refuse Carriage. We may refuse to carry your Baggage (or refuse to continue to carry your Baggage, if a problem is detected after you first check in):
i. if it does not meet the requirements set out in these Conditions or the Policies;
ii. if it is not securely packed in suitable materials;
iii. if it may cause discomfort or inconvenience to other Guests (for example, because of any odour it emits); or
iv. for operational reasons or commercial factors such as aircraft loads and safety requirements.
(b) Right to Search. In addition to any searches we are required to undertake by Law, we reserve the right to search your Baggage at any time for example, to ensure that it meets our requirements for carriage of Baggage, including any requirements set out in the Policies or to verify ownership or contents of Baggage. We may refuse to carry you or your Baggage if you refuse to consent to a search. Your Checked Baggage may be searched in your absence.
(c) You must remove all Carry-on Baggage from the aircraft upon disembarking and collect your Checked Baggage as soon as it is made available for collection. We will dispose of any Baggage not removed from the aircraft or not collected by you if it is not claimed within 30 days after the flight. Subject to any rights you have under these Conditions, applicable Laws (including the Australian Consumer Law) and the Conventions, we are not liable for any Loss suffered by you if you have failed to remove all Carry-on Baggage from the aircraft upon disembarkation.
(d) You must never include in your Baggage:
i. items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the IATA Dangerous Goods Regulations, and in our regulations. Please contact our Guest Contact Centre for further information;
ii. items which are prohibited by Law;
iii. items which we in our reasonable discretion refuse to take as outlined in these Conditions, our Policies or on our Website;
iv. any item we have listed as a prohibited item in these Conditions.
(a) Australian Domestic Travel: A maximum of two animals per Guest may be transported as freight, subject to the following conditions:
i. The carriage of animals is at our sole discretion (acting as agent for our freight company) and is subject to payment of the applicable charge;
ii. You must have contacted us a reasonable time prior to the date of travel to make arrangements for carriage of the animals;
iii. We (or our freight company) may impose conditions on carriage of animals, which will be notified to you when you submit your request;
iv. All animals carried as freight must be secured in an appropriate animal travel container;
v. Animals accepted by us on behalf of our freight company are not considered part of your Checked Baggage. To the extent permitted by Law, we exclude our liability for injury to or loss, illness disability or death of any animals under clause 19.1; and
vi. Carriage of animals will otherwise be in accordance with the Policies set out on our Website and will be subject to operational requirements.
(b) Assistance Animals: Assistance animals may accompany you in the aircraft cabin free of charge in addition to the Carry-on Baggage allowance, subject to satisfaction of our policies for carriage of assistance animals as specified on our Website. International Travel passengers must bring all of the assistance animal’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. To the extent permitted by Law, we exclude our liability for injury to or loss, illness, disability or death of any assistance animal, or in the event that it is refused entry into, or passage through any country, state or territory.
10. Guests who Require Special Assistance or Special Meals
10.1 Special Assistance
If you require special assistance (for example, due to illness, incapacitation, limited mobility, or travelling as an unaccompanied minor) beyond that which we are required to provide by applicable Law, we will provide you with the special assistance, provided that:
(a) you have fully informed us of any special requirements at the time of making a Booking;
(b) you have complied with our Policies and any additional reasonable requests we may have; and
(c) we (and the operator of any relevant Codeshare Services) have agreed to provide the special assistance.
10.2 Special Meals – International Long Haul Only
We will try to ensure availability of special meals requested with your Booking. However, we cannot guarantee the provision of special meals and exclude our liability for any Loss, expense, or other damage that you incur should we be unable to provide your requested special meal for any reason.
11.1 Domestic and International Short Haul
(a) Unless otherwise stated in your Itinerary, you must check in for International Travel (including domestic legs of an international flight) at least 90 minutes prior to the scheduled departure time or as otherwise set out in your Itinerary and for Domestic Travel, at least 30 minutes prior to the scheduled departure time.
(b) You must check in to board the flight at our check-in facility serving the place of departure. You will be advised of the check-in time for your flights in your Itinerary and/or by your Authorised Agent. However, flight times may change, and different airports may have different check-in deadlines, so you must also ensure you are aware of the check-in deadline for all of the flights shown on your Ticket.
(c) If you are travelling domestically within Australia, you may check in on-line at www.virginaustralia.com , but must arrive at the airport at least 30 minutes prior to the scheduled departure time. Subject to the Fare Rules applicable to your Booking, if you fail to arrive at the airport and/or check in by the time specified, the fare and any Baggage Fee paid may be forfeited and we may cancel or re-allocate the Booking.
11.2 International Long Haul
(a) You must check in to board the flight at our check-in facility serving the place of departure. You will be advised of the check-in time for your flights in your Itinerary and/or by your Authorised Agent. However, flight times may change, and different airports may have different check-in deadlines, so you must also make sure you are aware of the check-in deadline for all of the flights shown on your Ticket.
(b) You must arrive at the airport early enough to allow you to complete check-in procedures before the check-in deadline and you must bring with you a valid passport, your Paper Ticket (or your Itinerary if you have been issued with an Electronic Ticket), and all necessary travel documentation for your Destination and your stopovers.
11.3 All Travel
(a) You must keep any material we give you at check-in (such as a boarding pass and a baggage check document) until you complete your travel with us and you must permit us to make copies of them for security and procedural requirements, and as required by any Laws.
(b) Arriving at the boarding gate. You must complete all departure formalities (such as clearing Immigration) in time to arrive at the boarding gate no later than the time specified to you at check-in and displayed on the flight information displays at the airport.
(c) If you are late or you do not comply with the check-in procedures set out in these Conditions, we reserve the right to cancel your Booking (including any onward or return Bookings), refuse to carry you, and may deduct a service fee from any refund which you are entitled to in order to cover our reasonably incurred administration costs , subject to the Fare Rules applicable to your Booking.
12. Schedule Changes and Disruptions
12.1. The safety of our passengers and crew is our number one priority. Sometimes we will need to delay or cancel your flight due to reasons such as natural disasters, bad weather, technical and other reasons.
If you are travelling for a particular purpose, you should carefully consider your travel plans and ensure you allow plenty of extra time when booking in case of disruptions.
12.2. We will use reasonable endeavours to provide you with the products and services that you have booked, but as air travel is inherently uncertain, there may be circumstances where we need to make changes to our services or the operation of them. We may make changes such as those outlined below:
(a) We may need to change the scheduled time of your flight after you have made your Booking. Scheduled times will be noted on your Itinerary and may be noted on your Ticket. Scheduled flight times are estimated times only. We do not guarantee flight times or schedules, and they do not form part of your contract of carriage with us. If we change the time of your flight, where practicable, we will make reasonable attempts to contact you or your Authorised Agent, using the contact details you have provided us. However, we are not able to guarantee we will contact you, and so you should check our Website prior to your flight to make sure your flight times have not changed.
(b) We may need to cancel or delay and reschedule flights or services due to reasons including (but not limited to) industrial action, landing restrictions, airport loading restrictions, unsuitable weather conditions, technical problems, operational reasons, or any Event Beyond Our Control. We are not liable for any Loss which you may incur as a result of any such cancelled, delayed or rescheduled flight or service, except as provided for in our Policies or under the Australian Consumer Law, other Laws or Conventions that apply to your travel.
(c)We may without notice substitute the mode of transport or services that you have booked for another means of transport or service. We operate a number of different aircraft types with unique equipment, interior layout and service offerings and do not guarantee that you will travel on a particular aircraft type or will be able to utilise in-flight entertainment systems. These Conditions apply to any such substituted transport or services. Subject to your rights under the Australian Consumer Law and other applicable Laws or Conventions , we will not be liable for any Loss you may incur as a result of any such substitution.
(d) We may need to or reasonably believe that it is necessary for your flight to land at a destination other than the destination specified in your Booking. This may be due to health and safety, security, weather, operational (for example, airport closures or low fuel due to airport congestion), mechanical or other reasons. We will use reasonable endeavours to take you to the specified destination but to the extent permitted by Laws including the Australian Consumer Law, we do not have any obligation to you in relation to the time this will take, nor the means of transport that will be used.
(e) We may need to carry your Baggage on a different flight than you. We do not guarantee that your Baggage will depart and arrive at the scheduled times.
12.3 Denied Boarding
If as a result of over-booking we are unable to provide you with previously confirmed space on any flight, you may be entitled to compensation in accordance with our Policies and/or under the Australian Consumer Law or other Laws applicable to your Booking.
12.4 Public health or medical emergency: If a public health emergency is announced by any government or the World Health Organisation or a medical emergency occurs, and this has or will likely have an impact on your Booking, we may, subject to your rights under the Australian Consumer Law and any other applicable Laws:
- cancel, divert or delay any flight;
- screen Guests;
- require valid evidence of vaccinations or inoculations and/or negative test results;
- require health documentation to be presented;
- offload or refuse to carry Guests and their Baggage if they do not provide valid health documentation;
- isolate Guests on board the aircraft and limit the inflight services;
- notify appropriate authorities such as the police, health authorities or airport security;
- perform any other action we consider reasonably necessary to provide a safe environment for Guests and our staff, contractors and Guests.
12.5 In these circumstances, our liability to you will be limited to any rights you have under applicable Laws, including the Australian Consumer Law and our Policies relating to compensation for flight delays/cancellations may not apply.
13. Connecting Flights
13.1 We may offer two or more flight sectors which are purchased as a scheduled connection ("Connecting Flight"). We may make changes to your Booking which results in your Connecting Flight failing to connect. Subject to clause 11.1, in the event that a Connecting Flight fails to connect, we will use reasonable endeavours to move you to the next available flight to the destination at which you were due to arrive on the Connecting Flight.
13.2 To the extent permitted by Law, we do not provide any guarantee that any two or more single sector flights (which are not offered for sale as Connecting Flights) will connect (even though you may book such single sector flights with the intention of those flights connecting).
Subject to these Conditions (including our Policies), your rights under the Australian Consumer Law and any other applicable Laws or Conventions, we exclude our liability for or in connection with any Loss which you may incur as a result of any such single sector Booked flights failing to connect.
13.3 Other than for flights sold as Connecting Flights, we do not offer, provide or guarantee connections between the flights we offer and the flights of another carrier or any other form of transport. Subject to these Conditions, your rights under the Australian Consumer Law and any other applicable Laws, we exclude our liability for or in connection with any Loss you incur as a result of any such flight failing to connect with the flight of another carrier or another form of transport.
14. Refusal of Carriage
14.1 We are not a common carrier and, acting reasonably, may refuse to carry any person or Baggage, whether or not a Booking has been accepted or processed by us.
14.2 You may be refused entry, be requested to leave the aircraft or other means of transport or be physically restrained or removed by our staff, acting reasonably:
(a) if you are in breach of these Conditions, objectionable to other passengers or our employees or are, for any reason, disturbing, causing discomfort to or threatening the safety or security of other passengers or our employees or any of our property; or
(b) if it appears to us that you are under the influence of alcohol or drugs or are not physically or mentally fit to travel; or
(c) you require special assistance, but have not contacted us to make prior arrangements, or have provided us with inaccurate or incomplete information in relation to your requirements (we will rely on this right only to the extent permitted by applicable Law); or
(d) you have not complied with our medical requirements, or you require medical or other special assistance in order to be granted entry to any state or country, or to comply with applicable Laws, regulations or orders of your destination state or country, and you have not obtained this prior to your flight; or
(e) You do not have, or do not appear to have, valid travel or health documents for your country of origin or Destination or any Stopover as required in clause 11.2(b), including evidence of COVID-19 vaccination status and COVID-19 test results if required for travel, or you destroy your travel documents en-route; or
(f) You have failed to comply with our reasonable directions (including the directions of our staff and flight crew); or
(g) You have not paid the Fare or any applicable taxes or charges, your Ticket has been reported lost or stolen (if applicable), has been dealt with by you in a way which contravenes these Conditions (eg transferred) or has otherwise been acquired unlawfully; or
(h) You are, or are suspected to be, unlawfully in possession of drugs, or in possession of illicit drugs; or
(i) You have tampered in any way with the aircraft or ground equipment, made a threat, or in any way put the safety of the aircraft in danger; or
(j) If we reasonably believe that you may pose a threat to the safety or security of the aircraft, other passengers or our employees; or
(k) If carrying you will cause us to be in breach of Laws, regulations, orders or an immigration direction from a country or state to which you are travelling or are to depart from, or we otherwise reasonably believe you will not be permitted entry to the country or state to which you are travelling; or
(l) If a government body, agency or regulatory authority directs us not to carry you; or
(m) if any of the circumstances set out in this clause 14.2 have occurred on a previous flight (whether that flight was operated by Virgin Australia or another carrier) and we reasonably believe the circumstances may occur again.
14.3 If you are refused carriage due to your conduct – International Long Haul only
If you are refused carriage as a result of one or more of the matters referred to in clause 14.2, we will provide you with written notice of refusal of carriage. The notice may specify that you are refused carriage only for your ticketed flight, or it may specify a period of time during which we will not carry you. You must not travel or attempt to travel with us while the notice is in force. We reserve the right to cancel any Booking you make on a Virgin Australia service when a notice issued under this clause 14.2 is in force, and subject to your rights under applicable Laws, refuse to provide you with a refund.
14.4 Refusal of carriage due to overbooking – International Long Haul flights to and from the US only
(a) We may overbook flights to account for guests who do not arrive for their ticketed flight. If you are refused carriage because your flight has been overbooked, and you hold a valid Ticket and have complied with these Conditions in relation to Bookings, ticketing and check-in, then you may be entitled to compensation.
(b) The compensation payable will:
i. depend on the difference in time between when you were scheduled to arrive at your destination and when you actually arrive; and
ii. be in accordance with applicable Laws including the Australian Consumer Law and in accordance with our Policies.
14.5 Refusal of Carriage due to Overbooking – Domestic and International Short Haul
If you are refused carriage because your flight has been overbooked, you may be entitled to compensation in accordance with our Guest Compensation Policy and any applicable Laws, including the Australian Consumer Law.
14.6 Third Party Disclosures
Where we have refused to carry you due to one or more of the reasons outlined in clause 14.2, we may share your personal information with third parties (including other carriers) if we deem it is necessary for security or safety purposes.
15. Conduct During Flight
15.1 When you travel on a Virgin Australia flight, you must:
(a) respect our employees, including our flight crew and promptly obey any instructions given to you, including a direction to provide your travel documents to the flight crew;
(b) listen carefully to the pre-flight safety briefing, read the safety card provided to you, identify your nearest exits, and familiarise yourself with the location and operation of safety equipment.
(c) fasten your seatbelt whenever you are seated, even when you are sleeping. Make sure you know how to operate infant and child restraints, and use them only as directed by the flight crew;
(d) remain in your seat with your seatbelt fastened whenever the “Fasten Seatbelt” sign is illuminated, and return to your seat and fasten your seatbelt if told to do so by the flight crew;
(e) stow your cabin baggage as directed by the flight crew;
(f) use electronic devices, such as personal music players, laptop computers, mobile phones, cameras and game devices, only when the flight crew tell you it is safe to do so. Do not use transmitting devices, such as radios and remote-controlled toys, while on board. If you do not comply with these directions, the flight crew may take your electronic device from you, and keep it until the end of the flight at which time it will be returned to you;
(g) behave in a way which does not disturb or cause offence to your fellow passengers;
(h) drink in moderation and only consume alcohol which we supply to you on the flight – not alcohol that you bring on board with you; and
(i) use cameras or photographic devices (including mobile phones) for personal use only. You must comply with the directions of flight crew when using cameras or photographic devices while on board.
15.2 When you travel on a Virgin Australia service, you must not:
(a) smoke, vape or use electronic cigarettes;
(b) behave in a manner which would be considered by a reasonable person to be offensive, or in a manner which might cause discomfort, distress, offence or injury to another person;
(c) disobey the directions of the flight crew;
(d) use illicit drugs on board our aircraft, or use prescription drugs which you are not medically required to take;
(e) do anything which may endanger the safety of the aircraft on which you are travelling, or the safety of our flight crew or your fellow passengers; and
(f) tamper, interfere with or damage any part of the aircraft or the equipment carried on board.
15.3 We reserve the right to take all steps which are reasonably necessary to ensure the safety of a flight, our employees and Guests on board that flight. If in the opinion of our crew you have not complied with your obligations in this clause 15 (and in particular, if you have done any of the things listed in clause 15.2), we may take steps which include any one or more of the following:
(a) move you to another seat, or another part of the aircraft;
(b) restrain you;
(c) take any such other action as is reasonably necessary to ensure the safety of the flight, its Guests and our crew, including the reasonable use of force;
(d) remove you from the flight;
(e) divert the flight and offload you from it;
(f) report you to the relevant authorities;
(g) refuse carriage for the remaining journeys on your Booking; and
(h) ban you from travelling on Virgin Australia services, for any duration of time we believe is appropriate.
15.4 If we, acting reasonably, divert the aircraft to an unscheduled destination as a result of your failure to comply with the requirements set out in these Conditions, or your conduct described in clause 15.2, you must pay us the reasonable costs of the diversion upon our request.
16. After Your Flight
16.1 Baggage collection. You must collect your Checked Baggage from the collection point advised to you by our staff when you arrive at your destination. It is your responsibility to collect your Baggage. We will, acting reasonably, attempt to locate any Baggage left onboard the aircraft or at the airport, but subject to your rights under applicable Laws, we are not responsible or liable to you for any Loss you suffer as a result of leaving behind any Baggage.
16.2 Lost Baggage. If you cannot find your Baggage, you must notify our staff at the airport and provide them with your Itinerary, Ticket and/or and baggage identification tag which was issued to you at check-in.
16.3 Wrong bag. If you collect the wrong bag, you must return it to the airport where you collected it, as soon as you discover the error.
16.4 If you don’t collect your baggage. If you do not collect your Baggage within 30 days after your flight, we will, acting reasonably, attempt to contact you to collect your Baggage. If we are unable to reach you, or you fail to collect the Baggage within the agreed period, we may destroy the Baggage without further notifying you and without paying you any compensation, unless required to by applicable Laws or Conventions.
16.5 Leaving bags on board or at the airport. Subject to your rights under applicable Laws, we are not liable to you for any Loss you incur as a result of leaving behind any Checked Baggage or Carry-on Baggage on board or at the airport.
17. Successive Carriers
If your Ticket is for flights operated by Virgin Australia and other carriers, the carriage will be regarded as a single operation under the Convention and under applicable Laws.
18. Arrival Formalities and Administrative Requirements
18.1 Visas and entry documents. You are responsible for ensuring that you obtain and present at your Destination and any Stopover, all required travel documents. We are not responsible or liable to you if you have failed to obtain, or you have lost, these documents.
18.2 Entry rules and requirements. You must comply with all entry requirements, rules and regulations of your Destination or any Stopover. This includes any immigration, customs and security requirements. We are not liable for any Loss you incur as a result of or in connection with your failure to comply with these requirements, rules and regulations.
18.3 If you are refused entry or deported. If you are refused permission to enter a country during your journey on a Booking or are deported, then, regardless of the reason for the refusal of entry or deportation:
(a) we will, if required by a governmental authority, transport you from the country that has refused you entry or deported you;
(b) upon our request, you must pay for any costs associated with the refusal of entry or deportation, including any fines and detention and repatriation costs, and must reimburse us for any fines, penalties, Losses, expenses or damage which we reasonably incur as a result of you being denied entry or deported;
(c) we will not provide you with a refund for your Ticket for carrying you to the place where you were denied entry (except as required under the Australian Consumer Law), and may offset any unused sectors on your Booking or coupons of your Ticket (as applicable) to offset any repatriation costs or fines incurred by us as a result of your refusal of entry or deportation; and
(a) These Conditions and any Laws and Conventions applicable to your carriage (including the Australian Consumer Law) govern our liability to you. Nothing in these Conditions limit or excludes our liability to you that we cannot limit or exclude under applicable Laws (including the Australian Consumer Law) or the Convention. See clause 2 for more information.
(b) The Convention or Laws applicable to your carriage on our services may limit our liability to you in respect of death, injury, or loss or damage to Baggage. These limitations are described in further detail in this clause 19.
(c) International Travel is governed by the Convention. For tickets purchased in the UK or the European Union, refer to clause 19.6.
(d) Travel wholly within Australia with no international sectors is also subject to provisions of the Civil Aviation (Carriers’ Liability) Act 1959 (Cth) as amended or replaced or in the case of intra-State travel, complementary State legislation..
19.2 Limitation on our liability to you
(a) Other than as specified in these Conditions of Carriage or in applicable Laws and the Conventions (as set out in clause 2), we exclude all liability for any costs, expenses, losses or damage (however arising) in connection with any:
(i) Loss sustained to Baggage, including (without limitation) Loss which is solely the result of normal wear and tear;
(ii) illness, injury or death of any person, including (without limitation) any illness, disability or personal injury to you, or your death, caused or aggravated by the air travel where such travel posed a risk to you due to your age, physical or mental condition;
(iii) Loss caused by your negligence or breach of these Conditions or your failure to comply with applicable Laws, the Convention, regulations, orders or requirements of any applicable country;
(iii) Loss caused by our compliance with applicable Laws, the Convention, regulations, orders or requirements of any applicable country;
(v) death, personal injury, delay or Loss caused by anything in your Baggage (and you agree to indemnify us for any death, injury, delay or Loss caused by your Baggage to other persons or property, including our property); or
(vi) Loss arising out of or in any way connected to the provision of transport and other services to you (whether arising from negligence or otherwise) including, without limitation:
- any change to the transport or services described in or covered by the Booking (including delays, cancellations or rescheduled flights);
- inaccuracies or errors in any information related to transport, services or pricing; or
(vii) Loss arising where you are refused entry, asked to leave the aircraft or other means of transport or are physically restrained or removed from the aircraft in accordance with clause 14.2 above, or from any steps taken by us as outlined under clause 15.3.
(b) We will rely on all limitations of liability and defences under the Convention and any applicable Laws.
(c) We reserve all rights against any other person, including rights of contribution and indemnity.
19.3 Our liability to you
(a) Subject to any additional rights you may have under applicable Laws or a Convention, your right to make a claim for damages against us will expire on the earlier of the following:
(i) two years from 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; or
(ii) the date on which your right to claim damages expired or was extinguished by operation of these Conditions, the Convention or another applicable Law.
19.4 Our liability to you - Australian Domestic Flights
Where your travel is wholly within Australia with no international sectors, our liability is limited by the provisions of the Civil Aviation (Carriers’ Liability) Act 1959 (Cth), complementary State legislation and these Conditions to:
- AUD$3,000 per person per claim in respect of destruction, Loss or injury to your Checked Baggage;
- AUD$300 per person per claim in respect of destruction, Loss or injury to your Carry-on Baggage; and
- AUD$925,000 per person per claim in respect of bodily injury to you or your death.
If we are responsible in any way for your carriage by water, any liability is limited to the extent permitted by the Navigation Act 1912 (Cth).
19.5 Our liability to you - International Travel
Where your journey involves International Travel, and the Montreal Convention or the Warsaw Convention applies, our liability is limited as follows:
(a) For bodily injury or death:
i. where the Montreal Convention applies, for any recoverable compensatory damages up to 128,821 SDRs (approximately AUD$263,000) in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking. However, any liability we may have for damage will be reduced in accordance with applicable Law by any negligence on your part that causes or contributes to the damage.
If we prove that your bodily injury or death was not due to our negligence or wrongful conduct, or was solely due to the negligence or wrongful conduct of a third party, then our liability will not exceed 128,821 SDRs (approximately AUD$253,000); and
ii. where the Warsaw Convention applies, 260,000 SDRs (approximately AUD$531,000) in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking. However, any liability we may have for damage will be reduced in accordance with applicable Law by any negligence on your part that causes or contributes to the damage.
(b) For Loss of or damage to your Baggage:
i. where the Montreal Convention applies, our liability for damage to Baggage is limited by the Convention to 1,288 SDRs (approximately AUD$2,635) cumulative for both Carry-on Baggage and Checked Baggage. However, in the case of Checked Baggage, we will not be liable if the Checked Baggage was defective. We will only be liable for Carry-on Baggage if we were at fault.
The above limits will not apply if you prove that the damage resulted from intentional or reckless conduct on our part, and we knew that damage would probably result from it; and
ii. where the Warsaw Convention applies, a maximum of 5,000 francs for Carry-on Baggage and 250 francs per kilogram for Checked Baggage. If the weight of your Checked Baggage is not recorded on the baggage check, it is presumed that the total weight of the Checked Baggage does not exceed the applicable weight limit that was permitted for your Booking.
The value of a SDR on a particular day is the sum fixed and published on the official website of the International Monetary Fund (IMF) for that day. The value of a franc is determined by reference to the rate of 6.55957 francs for 1 euro.
(c) For passenger delay:
i. where the Montreal Convention applies, we will be liable for damage except when we can prove that we took all measures that could reasonably be required to avoid the damage or that it was impossible for us to take such measures. Our liability under the Montreal Convention is limited to 5,346 SDRs (approximately A$10,937);
ii. where the Warsaw Convention applies, we will be liable for damage except when we can prove that we took all necessary measures to avoid the damage or that it was impossible for us to take such measures.
19.6 Bookings Made in the UK or EU. The provisions set out in Annexure A to these Conditions will apply in respect of our liability to you if you made your Booking in the UK or a European Union country.
19.7 Baggage – All Travel
(a) To the extent permitted by applicable Laws or the Convention, our liability for lost or damaged Baggage is based on the depreciated value of the Baggage and is limited to the actual Loss suffered by you.
(b) You must not pack the following items as Checked Baggage. Unless the items are identified to us and we have, in our absolute discretion, given our written acceptance for carriage and accepted liability in writing for their Loss or damage, our liability to you for their Loss or damage is excluded. This exclusion does not apply to the extent you are entitled to claim compensation for these items under applicable Laws or the Convention:
i. cash, credit cards, deeds, passports and other travel documents, securities, business documents or other valuable documents;
ii. jewellery, antiques, precious metals or similar valuable items;
iii. any item of a delicate, fragile or brittle nature eg. glassware, sports equipment, musical instruments;
iv. any item of a perishable nature eg. food;
v. electrical or electronic components eg. computers, cameras; and
vi. any item that has insufficient packaging to withstand the normal circumstances and effects of carriage by air.
(c) Virgin Australia is not liable for any damage that results from the inherent defect, quality or vice of the Baggage.
(d) If we accept any of items specified in this clause 19.7, the carriage of those items is at all times subject to these Conditions.
19.8 Guests travelling to and from Canada
If you are denied boarding or your baggage is lost or damaged, you may be entitled to certain standards of treatment and compensation under the Air Passenger Protection Regulations. For more information about your passenger rights please contact your air carrier or visit the Canadian Transportation Agency’s website.
Si l’embarquement vous est refusé ou si vos bagages sont perdus ou endommagés, vous pourriez avoir droit au titre du Règlement sur la protection des passagers aériens, à certains avantages au titre des normes de traitement applicables et à une indemnité. Pour de plus amples renseignements sur vos droits, veuillez communiquer avec votre transporteur aérien ou visiter le site Web de l’Office des transports du Canada.
20. Claims By You
20.1 Bodily Injury or Death Claims
(a) You or your personal representative should notify us in writing as soon as possible of a claim for bodily injury or death.
20.2 Baggage Claims
(a) General. Your acceptance of Checked Baggage without complaint at the time of delivery is reasonable evidence that the Baggage has been delivered in good condition and in accordance with these Conditions, unless you provide evidence otherwise to our reasonable satisfaction.
(b) Australian Domestic Travel. Any claim for damaged or lost Baggage must be submitted to us in writing as follows:
i. in respect of damage to or loss or destruction of only part of Checked Baggage, within 3 days of you receiving the remainder of the Checked Baggage from us; or
ii. in respect of loss or destruction of a whole item of Checked Baggage, within 21 days from the date you should have received the Checked Baggage from us; or
iii. in respect of damage, loss or destruction of Carry-on Baggage, within 7 days from the date the carriage ended.
(c) International Travel. A claim for damaged or lost Baggage must be submitted to us in writing:
i. in respect of damage to or loss or destruction of Checked Baggage (or part thereof), within 7 days of when you should have received the Checked Baggage from us;
ii. in respect of damage, loss or destruction of Carry-on Baggage, within 7 days from the date when the carriage ended; or
iii. in respect of delay of Checked Baggage, within 21 days of when you receive the Checked Baggage from us.
(d) Time limits. If you fail to submit your Baggage claim within the timeframes outlined in this clause 20.2, we may not be liable to you for any damage or loss claimed, subject to any additional rights you may have under applicable Laws or a Convention.
We are required to collect your personal information in order to process your Booking and to communicate with you about your Booking. You can read more about how and why we collect and handle your personal information for your Booking in the Privacy Statement for Virgin Australia (Bookings). If we cannot collect from you the minimum amount of personal information required to complete your Booking, we will not be able to process your Booking, and a contract of carriage is not formed with us.
If you are travelling to the United States, we are required to provide the United States Transportation Security Administration (TSA) with your full name, date of birth and gender for the purpose of watch list screening, under the authority of 49 U.S.C. section 114, the Intelligence Reform and Terrorism Prevention Act of 2004 and 49 C.F.R parts 1540 and 1560. If we are not able to collect and disclose this personal information, you may not be able to travel with us to the United States or pass through border security in the United States. The TSA may share information you provide with law enforcement or intelligence agencies or other under its published system of records notice. For more on TSA privacy policies, or to review the system of records notice and the privacy impact assessment, please see the TSA website at www.tsa.gov.
Annexure A - EC Regulation 2027/97 (889/2002)
This Annexure only applies to passengers travelling from the UK or a European Union country.
Disclaimer: This notice is required by European Community Regulation (EC) No. 2027/97 as amended by EC No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal or Warsaw Conventions. It does not form part of the contract between Virgin Australia and you. Approximate conversions from Special Drawing Rights (SDRs) to Euros are provided as a guide only and will be subject to change in currency conversion rates.
Air Carrier Liability for Passengers and Their Baggage
This information notice summarises the liability rules applied by Virgin Australia in respect of international carriage.
Compensation in the Case of Death or Injury
Where the Montreal Convention applies, there are no financial limits to our liability for passenger injury or death. We will not exclude or limit our liability for recoverable compensatory damages up to 128,821 SDRs (approximately EUR157,00) in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, except where there is contributory negligence on the part of the passenger. Above that amount, we can defend ourselves against a claim by proving that we were not negligent or otherwise at fault.
Where the Warsaw Convention applies, our liability is limited to 260,000 SDRs. We can defend ourselves against a claim by proving we took all necessary measures to avoid the damage or that it was impossible for us to take such measures.
If a passenger is killed or injured, the operating carrier must make an advanced payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (EUR19,500).
In the case of passenger delay:
where the Warsaw Convention applies, we will be liable for damage except when we can prove that we took all necessary measures to avoid the damage or that it was impossible for us to take such measures;
where the Montreal Convention applies, we will be liable for damage except when we can prove that we took all measures that could reasonably be required to avoid the damage or that it was impossible for us to take such measures. Our liability under the Montreal Convention is limited to 5,346 SDRs (approximately EUR6,527).
Baggage Destruction, Loss, Damage or Delay
Our liability for the destruction, Loss of, damage to or delay in the carriage of baggage, subject to applicable defences, is as follows:
where the Warsaw Convention applies, our liability is limited to 31 SDRs (approximately EUR38, subject to changing exchange rates) for each kilo of a passenger's checked baggage and 621 SDRs (approximately EUR759, subject to changing exchange rates) for a passenger's cabin baggage;
where the Montreal Convention applies, our liability is limited to a total of 1,288 SDRs (approximately EUR1,573) per passenger for both checked and cabin baggage together. However, in the case of unchecked baggage, we are only liable if at fault.
Higher limits for Baggage
Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying a supplementary fee, or by purchasing additional insurance.
Complaints on Baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to us as soon as possible, but in any event, in the case of damage to checked baggage, it must be within 7 days, and in the case of delay, it must be within 21 days, from the date on which the baggage was placed at the passenger's disposal.
Liability of Contracting and Actual Carriers
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either carrier. If the name or code of an air carrier is indicated on the ticket for a particular flight, that air carrier is the contracting air carrier for that flight.
Time Limit for Action
Any action in court to claim damages must be brought within 2 years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.