Originair Terms & Conditions – Detailed Terms & Conditions of travel

In these Terms and Conditions of Contract, Origin Air Limited is referred to as Originair.  All Originair scheduled and charter air services in New Zealand are operated by Air2there.  These Terms and Conditions of Contract are referred to as Conditions.  These Conditions apply to all carriage of guests and baggage and freight on an Originair flight.  These Conditions are to be read in conjunction with and subject to the provisions of all applicable laws including the limitations of liability in the Carriage of Goods Act 1979.

RULES

Originair may from time to time make separate regulations, rules or give notices or set other terms and conditions relating to specified carriage requirements.  All such rules shall equally apply as these conditions as though fully set out herein.

OBLIGATIONS OF ORIGINAIR: WHERE CARRIAGE CANNOT BE PERFORMED OR COMPLETED

Where Originair is unable to commence or continue any flight or carry any contracted guest it will re-book the guest on the next Origin service on which seats are available.  If alternative booking is not possible or suitable, the guest may re-book with Originair or receive a refund.  A guest who is refused carriage for any reason other than his/her own negligence, default or in appropriate conduct or action may receive a refund for such part of the carriage as may be applicable. Originair has no obligation (including refund or alternative booking) to a guest who is late for, or misses a flight.  Guests on a charter positioning flight which does not proceed will receive a refund.

CONTRACT OF CARRIAGE

All carriage of guests, baggage and freight will be performed pursuant to a contract of carriage between Originair and the guest.  All contracts of carriage shall be subject to rules relating to such matters as terms of issue, period of validity, requirements for payment, fare structures, check in requirements, carriage of children and otherwise as Originair might determine.  A booking for any carriage is not effective unless a contract of carriage has been entered into.  While Originair will endeavour to accommodate all guests, a contract of carriage is not a guarantee or representation of a seat on a particular flight service, or any particular aircraft or timely or other performance of any carriage.  All contracts of carriage are specifically subject to the provisions detailed under the section in Schedules.  These conditions apply also to gratis carriage except as may otherwise be set out in any rules.  All contracts of carriage are subject to all the provisions of these Conditions.

TRAVEL PROCEDURES

Guests must be checked in at least 40 minutes prior to the scheduled departure time to comply with regulatory requirements and to ensure timely departure procedures.  Travel with Originair is ticketless and every booking is assigned a unique reference number.  At check in you must present your baggage and state your name.  A suitable form of personal identification may also be required and evidence of age may be required for those travelling on a child fare if applicable.

ACCEPTABLE FORMS OF IDENTIFICATION:

  • Current Passport
  • Government issued Photo Identification
  • Current Driver’s License
  • 18+ Card
  • Original Birth Certificate
  • A certified true copy of any of the above

Originair may cancel your booking if you arrive at the appropriate check in location within 30 minutes of the scheduled departure time and you may forfeit all payments.

Guests TRAVELLING WITH SPECIFIC NEEDS/REQUIREMENTS

Travel for infants, unaccompanied children, incapacitated persons, pregnant women, persons with illness, or other people requiring special assistance, is subject to arrangement with Originair at time of booking.  Carriage for guests with mobility problems or in wheelchairs must be discussed and arranged in advance with an Originair Representative.  Wherever reasonably possible, appropriate arrangements will be made for such guests to be assisted on and off the aircraft.  Guests requiring special care and assistance during a journey should ensure they travel with a companion who is able to provide this support.

Originair staff and representatives are unable to cater for individual specific needs.

Guests aged 7 days to 23 months inclusive are categorised as infants and may travel free of charge with Originair when accompanied by an adult guest paying an adult fare.  Infants travelling free of charge must not occupy a seat.  If a seat is required, a fare will apply to travel.

All infants must be more than 7 days old to travel with Originair.  One piece of checked baggage up to 10kg may be checked in without charge for an infant.  Plus one nursery bag of 7kgs on board.

BAGGAGE

Baggage in these Conditions means baggage of the guest carried on or in conjunction with the guest’s flight.  All carriage of baggage is subject to these Conditions and to Rules setting out separate terms and conditions relating to baggage.  Originair may refuse to carry any guest or baggage where these Conditions or any Rules relating to baggage are not complied with.  Originair may, in its sole discretion, search any guest or baggage to ensure such compliance.  All carriage of goods not being baggage as defined above shall be subject to similar Conditions and to any rules determined by Originair or other agreements made from time to time.

Originair reserves the right to refuse carriage of a bag or baggage for any reason where a representative of Originair deems it to be unacceptable or believes the bag/ baggage breaches any of the CAA dangerous goods requirements or any terms and conditions set out by Originair.

BAGGAGE ALLOWANCE AND RESTRICTIONS

Each fare paying guest has one piece up to 15kg baggage allowance.  Each piece of baggage must not exceed total dimensions (length + width + height) of 158cm. Guests travelling together may combine their baggage entitlement provided no individual item weighs more than 32kg.  Baggage in excess of the free allowance (excess baggage) may be carried by Originair if space and load capacity permit.

Excess baggage will be subject to a surcharge.  Baggage is, where possible, carried on the same flight as the guest.  However, when this is not possible, it may be carried on the next available flight.

Guests are limited to one item of carry-on baggage each that must weigh less than 7kg and have maximum total dimensions (length + width + height) of 115cm.

UNACCEPTABLE BAGGAGE ITEMS

Originair advises that the following items should not be included in your checked baggage and Originair accepts no liability for their damage or loss unless the items are identified and Originair has in writing accepted them for carriage:

  • Cash, negotiable bonds, deeds or other valuable documents;
  • Jewellery, antiques or similar valuable items;
  • Any item of a fragile or brittle nature e.g. glassware;
  • Electrical or electronic components e.g. computers;
  • Any item that has insufficient packaging to withstand the normal circumstances and effects of carriage by air.

BAGGAGE CLAIMS

Claims for immediately identifiable baggage damage or loss must be reported to the handling agent prior to the guest leaving the airport.  All damage not immediately identifiable must be reported to Originair on discovery and no later than 24 hours after the flight in respect of which the damage is alleged to have occurred.

DANGEROUS GOODS

Dangerous goods may not be carried as baggage.  A list of common dangerous goods is displayed at airports and at check in counters and further information is available on request.  Guests are requested to clarify any doubtful items prior to check in. Common examples are: knives, scissors, compressed gases, camping equipment, flammable liquids and solids, matches, firearms (may only be carried with approval as checked in baggage) poisons and infectious substances.  Dangerous goods may be carried at the discretion of Originair, as freight, if all packing, documentation and regulatory requirements have been complied with.

FARES

Fares apply only for carriage from the airport at point of departure to the airport at point of destination.  All fares must be paid or secured to Originair’s satisfaction prior to departure.  The guest must also pay any other charges that may be applicable or required, including any airport departure tax, other taxes, impostor charges, excess baggage surcharge, or otherwise.  Terms and conditions of different fare classes may be set out in Rules determined by Originair from time to time.  Unless set out in such Rules, fares shall be non-refundable.  Applicable fares at any time shall be published or advised by Originair.  All fares are quoted in New Zealand Dollars and include Goods and Services Tax (GST), unless otherwise specified.  Fares are subject to price increases when not paid in full.

BOOKING RULES

Standard Originair fare types are Saver, Flexi Saver and Flexi Plus.  From time to time special fares may also be introduced for a limited period on selected flights.

SERVICE FEE

Originair reserves the right to charge service fees for bookings.  When service fees apply, they will be communicated to the customer and once a reservation is confirmed and / or paid for, shall be non-refundable.

GUEST NAME CHANGE CONDITIONS

The person identified as the guest under the booking reference is the only person who can travel on that booking.  Originair permits name changes to the guest (of the same category e.g. minor/ adult) up to 24 hours prior to the scheduled departure time unless fare conditions state otherwise.

SAVER FARE

Bookings can be made up to 30 minutes prior to the scheduled departure time of flight provided seats are available.  A Saver fare includes a bag.  The Saver fare includes 1 free bag (max weight 15kg and otherwise complying with the conditions set out above) may be checked in at the airport.

Once the booking is completed Saver fares are non-refundable, non-transferable and no changes are permitted.

FLEXI SAVER FARE

Bookings for a Flexi Saver fare may be made up to 30 minutes prior to the scheduled departure time of flight provided seats are available.  The Flexi Saver fare includes 1 free bag (max weight 15kg and otherwise complying with the conditions set out above) may be checked in at the airport.

Once the booking is completed fares are non-refundable.  Changes cost an admin fee of $40 per person per journey may be made up to 24 hours prior to scheduled departure time to:

  1. Name of guest
  2. Dates and times of the booked journey but only where the same fare class is available
  3. Direction of travel may be reversed only where the same fare class is available

If the same fare price as originally booked is unavailable, the cost of upgrading to the best available fare is payable on rebooking plus the administration fee.  Fares will be forfeited if the guest does not check-in for a booked flight.

FLEXI PLUS FARE

Bookings for a Flexi Plus fare may be made up to 30 minutes prior to the scheduled departure time of flight provided seats are available.  The Flexi Plus fare includes 1 free bag (max weight 15kg and otherwise complying with the conditions set out above) which may be checked in at the airport.

Changes are free of charge up to 2 hours before the time of schedule departure to:

  1. Name of guest
  2. Dates and times of the booked journey but only where the same fare class is available
  3. Direction of travel may be reversed only where the same fare class is available

Fares may be refunded, credited or used towards payment of future flights if the flight booked is cancelled on the day of departure.  Fares will be forfeited if the guest, without notification, does not check-in for a booked flight. Fares that have been upgraded from a lower fare class remain non-refundable.

ROUTES AND SCHEDULES

Carriage will be performed on such routes and in accordance with such schedules as Originair may from time to time publish.  Originair may vary such schedules or cancel any flights at any time. Originair will use reasonable efforts to carry the guest and baggage in accordance with the contract of carriage.  However, timely or other performance is not guaranteed, the schedules and the times of any carriage are subject to change at any time without notice.

In particular Originair does not guarantee the timely performance of any carriage where there is:

  • Any fault or neglect of a guest
  • Any operational, maintenance, weather or emergency requirements affecting the aircraft.
  • Force majeure or any matter outside Originair control.
  • The pilot in command exercises his/ her discretion in relation to the flight

Originair may offload or not carry any guest or baggage at its discretion should weight limitations or seating capacity require this.
Originair reserves the right to, without notice, substitute alternate carriers or aircraft for any carriage.
Timetables published are subject to change without notice.

ORIGINAIR CONTROL OF FLIGHTS

Air2there, as operator of all Originair flights, has full authority and control in respect to the operational and safety aspects of all flights and may change the flight details, refuse carriage to any guest or make any other decision in relation to a flight as it may consider appropriate.  This authority and control may be exercised by a duly authorized representative of Originair or the Captain of the aircraft.

PRIVACY

Originair recognises the importance of safeguarding your personal and financial information.  Originair needs to obtain personal information about you in the course of providing our products and services. To ensure your security, you will need to take appropriate steps to ensure that your internet browser is capable of supporting our website’s encryption requirements.  We do not collect personal information about you unless specifically requested by you or us.  Where you provide personal information we will use that information for the purpose for which it was intended.

This website contains information and tools that you can browse and access without providing any personal information.  Where you voluntarily provide personal details (e.g. through on-line registration or email requests) we will use that information for the purpose for which it was intended.

Any person information you submit is stored securely by Originair (or a service provider contracting by Originair for that purpose) and will not be disclosed to any third parties, except as required or permitted by law (including the Privacy Act 1993).  You have the right under the Privacy Act 1993 to access and/or correct your personal information held by Originair.

You do not have to provide us with information we request, though it may affect the ability of us to contact you or provide you with changes to the services we have sold you.

If you want to access and/or correct your personal information held by Originair, please email info@originair.nz.

LIMITATION OF LIABILITY

Originair has no obligation or liability whatsoever to any guest for any unperformed or delayed carriage except as set out in these Conditions. In particular Originair has no liability for any missed connections or appointments or for any consequential or other loss.  This limitation of liability extends to Originair, agents, officers, servants and representatives.

CONSUMER GUARANTEES ACT

These Conditions are subject to the provisions of the Consumer Guarantees Act 1993 where they are applicable.  Where any guest is, undertakes or holds themselves out as undertaking carriage for the purpose of a business the provisions of the Consumer Guarantees Act 1993 shall not apply.

NO WAIVER OF CONDITIONS

No agent, representative, or employee of Originair is authorized to waive the application of any of these Conditions or of any rules.

NEW ZEALAND LAWS

These Conditions shall be governed by and interpreted in all respects in accordance with New Zealand law and subject to the jurisdiction of the New Zealand courts.  If you require clarification on any of the above points please feel free to contact Originair.

© 2015 Originair.  All rights reserved. Correct at the time of printing 12 May 2015.