CONDITIONS OF CONTRACT FOR PASSENGER TRAVEL AND FREIGHT SERVICES
These conditions apply to all passenger travel and associated services provided by Murin and where consistent with these conditions, include notices on display in the Murin terminal and notices appearing in information manuals, booklet or schedules provided in conjunction with the services.
- Murin provides passenger travel services and associated reservation, ticketing, passenger lounge and baggage handling services.
- Murin is not an Airline Operator but charters aircraft, which are owned, operated and maintained by an airline operator (“Carrier”).
- Murin is not a common “carrier” or a “domestic carrier” and does not conduct “commercial transport operations” as defined within the Civil Aviation (Carriers Liability) Act 1959. As Murin does not own or operate or maintain aircraft and does not hold an airline or charter licence, Murin does not have any control or responsibility in connection with the operation of the aircraft. Control and responsibility for the air carriage contract rests with the Carrier. Airline Operator’s (Carrier’s) Liability. The liability of the Carrier is subject to the provision of the Civil Aviation (Carriers Liability) Act 1959 and in respect of death or injury such liability is limited to the sum of five hundred thousand dollars ($500,000.00) and in respect of baggage is limited to the sum one thousand five hundred dollars ($1500.00) including a maximum of one hundred and sixty dollars ($160.00) in respect of baggage other than registered baggage.
- Passengers must comply with laws and safety requirements.
- The Civil Aviation Act (CW) and the Civil Aviation Regulations contains rules for passenger conduct to ensure safety in air travel. Passengers must comply with those rules at all times.
- Passengers must comply with all directions issued by the Carrier and its representatives in connection with the operation of the aircraft.
- Smoking is not permitted on flights or at airports.
- Passengers must not submit dangerous goods or goods which may become dangerous for carriage as baggage.
- Murin, the Carrier and representatives may conduct reasonable searches of passengers and baggage and render harmless, dispose of or retain as evidence any dangerous or prohibited goods.
- Murin may decline to provide travel services and the Carrier or its representatives may require a passenger to leave the aircraft if a passenger is in breach of these conditions or if in the opinion of Murin or the Carrier, a passenger is under the influence of alcohol or other drugs or is likely to be a hazard to the safety and comfort of other persons or a threat to property or aircraft.
- Notices displayed in the Murin Terminal contain more information about dangerous goods and a Dangerous Goods Manual is available for viewing upon request.
Travel Voucher Validation
A ticket issued by Murin is a voucher entitling the purchaser to travel from the point of departure to the point of destination set out on the voucher.
Murin is not responsible for the time over which travel is undertaken or the route taken by the aircraft.
A travel voucher is:
· valid for three (3) months only from the date of purchase;
· subject to cancellation and no show fees; and
· is not transferable for the person to whom it is issued unless the name of the transferee is endorsed by Murin on the voucher.
Cancellation and No Show Fees
- Passengers who do not present for a booked flight (no show) after presenting their travel voucher will incur a cancellation fee equal to 100% of the purchase price and no refund will be provided.
- Passengers who book and then no show without presenting their voucher or who cancel the booking within one hour of the scheduled departure time will incur at the sole discretion of Murin, a cancellation fee equal to 50% or 100% of the purchase price. Murin will be entitled to decline to provide the travel set out on the voucher until the cancellation fee is paid.
Scheduled Departure Times and Check in Times
- The departure time and the date shown on the travel voucher is the “scheduled departure time” of the aircraft. Passengers are required to present themselves and their voucher to Murin at the place of departure at least 30 minutes prior to the scheduled departure time and failure to do so will entitle Murin to decline the to provide the travel set out on the voucher.
If Murin is unable to provide the travel set out on a travel voucher or after leaving from the point of departure the passenger is not conducted to the point of destination Murin will either: -
· provide substituted travel to the value of the voucher (in the event that it is unable to provide the travel); or
- provide substituted travel to the point of destination if the passenger is not conducted to the point of destination after the
- passenger leaves the point of departure; or
- upon request, provide a refund equal to the value of the payment made to Murin for the voucher in the event that travel is
- not provided; or
- provide a refund equivalent to the value of the payment made for the voucher less the value of any flown mileage.
Baggage Allowance and Claims
- Free checked passenger baggage is to constitute no more than one container and weigh no more than 13 kilograms.
- Excess baggage may at the sole discretion of Murin be either accepted or not accepted for the purposes of passenger travel. Murin may in its sole discretion require the payment of a fee or charge by the passenger for excess baggage.
- Murin will not be responsible for any damage to or loss of baggage which occurs after embarkation and before disembarkation of any aircraft and will not be responsible for any loss of or damage to baggage which is not collected by the passenger within 30 minutes of disembarkation and otherwise will not be responsible for any minor or cosmetic damage to baggage howsoever effected and will not be responsible for any damage to or loss of baggage occasioned by the acts or omissions of persons other than employees, servants or agents of Murin.
- Subject to these conditions, Murin has no responsibility for costs or losses resulting from the diversion alteration substitution cancellation or delay of transport or services or from delay or loss of baggage.
- If any condition or part of a condition in these conditions is invalid or unenforceable, then the condition shall be read down or severed in order to preserve the effect of the remainder of the conditions.
- Notice displayed in Murin Terminals contain more conditions of Travel and should be viewed in conjunction with this Travel Voucher.
ALL ITEMS CARRIED AT OWNER’S RISK – Terms & Conditions of Contract
- These terms and conditions apply to certain services provided by MURIN ASSOCIATION INC trading as MURIN TRAVEL AND FREIGHT SERVICES (“Murin”). No other terms and conditions shall apply to those services either expressly or impliedly save for such terms and
conditions that may be imposed by statute. These terms and conditions must be read having regard to the provisions of the Trade Practices Act to the extent that those provisions are applicable to consumers as defined under Section 4B of the Act. These terms and conditions do not have the effect of excluding, restricting or modifying rights under that Act which cannot be excluded, restricted or modified by agreement. The services provided by Murin and governed by these terms and conditions are as follows:
(i) Murin pursuant to a charter agreement with an aircraft operator (“the Carrier”) charters various aircraft
owned and/ or operator and/ or maintained by the Carrier (“aircraft”) for operation upon various routes within the Northern Territory of Australia and between the Northern Territory of Australia and the State of Western Australia and in respect of which it provides intern alia freight services.
(ii) Murin is in the provision of freight services provides associated freight receipt and dispatch services (“collectively the Services”).
- In these terms and conditions:
“ Consignment” shall mean goods accepted from the Consignor together with any containers, packaging or pallets supplied by or on behalf of the Consignor and used in the carriage and/ or transportation and/ or storage of the goods. “Consignor” shall mean the
person with whom Murin contracts to provide the Services. “Sub-contractor” shall include any person who pursuant to a contract or arrangement with any other person (whether or not “Murin”) performs or agrees to perform the services or any part thereof.
- Murin is not a “carrier” and/ or a “domestic carrier” as defined within the Civil Aviation (Carriers Liability) Act 1959 and does not
conduct “commercial transport operations” as defined within that Act and does not own and/ or operate and/ or maintain aircraft and does not hold an airline or charter licence as defined and/or referred to in that Act.
- Murin is not a common carrier and shall accept no liability as such. Murin reserves the right to refuse the carriage, transportation and/or storage of any goods for any person or corporation and the carriage, transportation and/ or storage of any class of goods at its sole(i) It is agreed that any person who delivers the goods to Murin for and on behalf of the Consignor is authorised to do so subject to these terms and conditions.
(ii) The Consignor warrants that in agreeing to these terms and conditions it is or has the authority of the person or persons owning or having any interest in the Consignment or any part thereof.
(iii) Without prejudice to the generality of the foregoing, the Consignor undertakes to indemnify Murin in respect of any liability whatsoever and howsoever arising (including without limiting the foregoing for negligence or breach of contract or willful act of default of Murin or others) in connection with the Consignment to any person (other than the Consignor) who claims to have, who has or who may hereafter have any interest in the Consignment or any part thereof. It is agreed that this indemnity operates irrespective
of whether Murin’s liability arises in events which may constitute a fundamental breach of contract or a breach of a fundamental term.
- (i) Murin and any Sub-contractor shall be entitled to sub-contract on any terms for services or any part thereof.
(ii) The Consignor undertakes:
(a) That no claim or allegation shall be made whether by the Consignor or any other person who is or who may hereafter be interested in the Consignment against any person (other than Murin) by whom (whether as a sub-contractor, principal, employer, servant or agent or otherwise) the services or any part thereof are provided which imposes or attempts to impose upon any such person any liability whatsoever and howsoever arising (including without limiting the foregoing for negligence or breach of contract or willful act or default of Murin or others) in connection with the Consignment and if any such claim or allegation should nevertheless be made the Consignor undertakes to indemnify Murin and the person against whom such a claim or allegation is made against the consequences thereof. Without prejudice to the foregoing and for the purposes of this clause Murin is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and each of them and all such persons shall to this extent be or be deemed to be parties to this contract; and
(b) To indemnify Murin against any claim or allegation made against it by any person in connection with any liability of that person for any loss of or damage to the Consignment occurring at anytime during the provision of the Services.
(iii) It is agreed that each of the indemnities in sub clause (ii) hereof operates irrespective of whether the liability of Murin or any other person arises in events which may constitute a fundamental breach of contract or a breach of a fundamental term.
- Every exemption limitation, condition and liberty herein contained and every right, exemption from liability defence and immunity of whatsoever nature applicable to Murin or to which Murin is entitled hereunder shall also be available and shall extend to protect:
(i) All sub-contractors;
(ii) Every servant or agent of Murin or of a Sub-contractor;
(iii) Every other person (other than Murin) by whom the Services or any part thereof are provided: and
(iv) All persons who are or may be vicariously liable for the acts or omissions of any person falling within the forgoing categories and for the purposes of this clause Murin is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and all such persons each of them shall to this extent be or be deemed to be parties to this contract.
- (i) If and only if Murin has agreed in writing to insure the Consignment then the liability of Murin is limited to the amount if any it is liable to pay under such insurance for physical loss of damage to the Consignment up the limit of such insurance.
(ii) Subject only to sub clause (i) and to clause 16 hereof the Consignment is at the risk of the Consignor and not Murin and Murin shall not be responsible in tort or in contract or bailment or otherwise for any, and the consequences of any, delay in the collection of the Consignment or loss or damage to or deterioration of the Consignment or mis-delivery or failure to deliver or delay in delivery of the Consignment for any reason whatsoever, including without limiting the foregoing the negligence or breach of contract or willful act or default of Murin or others and this clause shall apply to all and the consequences of all such delays in collection of the Consignment or loss of or damage to or deterioration of the Consignment or mis-delivery or failure to deliver of delay in delivery of the Consignment, whether or not the same occurs in the course of performance by or on behalf of Murin of this contract or in events which are in the contemplation of Murin and/or the Consignor or in events which are foreseeable by them or either of them or in events which may constitute a fundamental breach of contract or a breach of a fundamental term.
- The Consignor hereby authorises any deviation from the usual route of carriage or place of storage of the Consignment which may in the absolute discretion of Murin be deemed as desirable or necessary in the circumstances.
- Murin will only deliver the Consignment to the airport nominated to Murin by the Consignor for that purpose.
- The Consignor shall be and remain responsible to Murin for all its proper charges incurred for any reason.
- Murin's charges shall be deemed fully earned as soon as the Consignment is loaded and dispatched from the Consignors premises or accepted for storage and shall be payable and non-refundable in any event.
- Murin shall have a lien on the Consignment and any documents relating thereto and on any other Consignment of the Consignor in the possession of Murin or any documents relating thereto for all sums payable by the Consignor to Murin and for that purpose shall
have the right to sell any such Consignment by public auction or private treaty without notice to the Consignor.
- (i) The Consignor shall not tender for carriage or storage any volatile or explosive goods or goods which are or may become dangerous or inflammable or offensive (including radio active materials) or which are or may become liable to damage any property
whatsoever without presenting a full description disclosing the nature of such goods and in any event shall be liable for all loss and damage caused thereby.
(ii) If in the sole opinion of Murin the Consignment becomes or is liable to become of a dangerous inflammable explosive volatile offensive or damaging nature the same may be at any time retained, destroyed, disposed of, abandoned or rendered harmless by Murin without compensation to the Consignor and without prejudice to Murin’s right to any charges hereunder and at the cost of the Consignor.
(iii) The Consignor shall not tender for carriage or storage any alcohol or “liquor” as defined by the Liquor Act (NT) without presenting a full description disclosing the nature of such goods and in any event shall be liable
for all loss and damaged caused by carriage or storage of the same.
(iv) The Consignor shall not tender for carriage or storage any goods which in the form in which they are provided for Consignment with Murin weight in excess of thirty (30) kilograms.
(v) The Consignor warrants that it has complied with all laws and regulation relating to the nature, packaging, labeling, storage or carriage of the Consignment and that the Consignment is packed in a manner adequate to withstand the ordinary risks of storage and/or carriage having regard to its nature and hereby indemnifies Murin for any liability whatsoever and for all costs and expenses incurred as a result of or arising out of the Consignor’s failure to comply with each of these warranties.
- If Murin is liable for damage to or loss of the Consignment or any part thereof no claim in respect of such loss or damage may be made unless notice of the claim is lodged in writing at an office of Murin within seven (7) days after delivery was effected or in the ordinary course of business would have been effected.
- It is hereby agreed that if any provision or part of any provision of this contract is unenforceable such unenforceability shall not affect any other part of such provision or any other provision hereof.
- Notwithstanding anything herein contained this contract is subject to the Trade Practices Act 1974 (as amended)if and to the extent that this act implies a warranty into the contract and prevents the exclusion, restriction or modification of any such warranty.
- Wheresoever this contract may have been concluded the terms and conditions in respect thereto shall be construed in accordance with the laws of the Northern Territory of Australia and any suit and/or proceedings in connection therewith may only be brought in the Northern Territory of Australia.
- It is agreed that no servant or agent of Murin nor any other person has any power to waive or vary any of these terms and conditions unless such waiver or variation is in writing and signed by the Group Manager of Murin.
It is an offence pursuant to the Liquor Act (NT) for any person to bring alcohol or “liquor” (and as defined in the Act) into a “restricted area” (as defined in that Act) without that person holding a valid and current permit authorising the bringing of alcohol or liquor into the restricted area by that person. Should any person wish to tender for carriage of alcohol or liquor into a restricted area they should have available for inspection a copy of any relevant valid and current permit issued in connection therewith.