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» Queensland Trains - Conditions of Carriage
» New South Wales Trains - Conditions of Carriage
» Transcontinental Trains - Conditions of Carriage
» Western Australia Trains - Conditions of Carriage
Queensland Trains - Conditions of Carriage
Traveltrain tickets are issued subject to QR's Conditions of Carriage which are shown on the ticket, and passengers are to be advised to familiarise themselves with these conditions at the time of purchase:
- The Contract of Carriage and Services between the Operator and the Passenger arises upon receipt by the Passenger of the Ticket. In these conditions:
- “Agent” means the entity who issues a Ticket on behalf of QR.
- “Carriage” means transportation by rail or by any method of transport substituted by the Operator.
- “Luggage” means the personal effects of the Passenger which the Passenger is allowed to take with him as part of the Carriage.
- “Operator/s” means the entity including QR undertaking Carriage of the Passenger and the passenger’s Luggage or providing Services.
- “Passenger” means the person transported by the Operator.
- “QR” means Queensland Rail trading as Traveltrain and includes QR subsidiaries and associated entities.
- “Services” means those things made available by the Operator/s in addition to Carriage.
- “Ticket” means this document issued to the Passenger on behalf of QR and includes all attachments.
- “Train” means the rollingstock or vehicles in which Carriage is undertaken and includes road, air, sea or other transportation vehicles.
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- This Ticket is issued and accepted by the Passenger subject to these conditions, the notices on this Ticket and in fare and timetable booklets, the Transport Operations (Passenger Transport) Act 1994, and the Transport Infrastructure Act 1994 and its regulations. Regardless of where the Ticket is issued, the Carriage or other Services to be supplied in accordance with these conditions are governed by the law of the State of Queensland.
- Carriage is only available between the stations or places shown on the Ticket. The Operator may change the Stations, places or destinations without notice to the Passenger and without being liable to the Passenger for loss or costs caused by such change.
- Any money received for this Ticket by an Agent issuing the Ticket is received in trust for QR. QR does not receive this money as agent for any other Operator. The Agent is not an agent of the Operator for any other purpose.
- Operators and QR are not common carriers and may refuse to carry persons or Luggage without giving reasons.
- This Ticket is not transferable. The Operator reserves the right to require satisfactory proof of identity from the Passenger prior to the passenger boarding the Train.
- This Ticket is valid only for the Carriage and/or Services stated on the Ticket. A cancellation fee may be imposed where the Passenger alters or cancels the Carriage or Services or if the ticketed fare structure becomes inapplicable. The Operator issuing the Ticket may deduct a cancellation fee from the value of the Ticket and/or make refunds to the Passenger in its absolute discretion.
- Operators may without notice to the Passenger substitute any Services or mode of Carriage used to carry the Passenger. These conditions shall apply to any substituted mode of Carriage or Services.
- The Passenger acknowledges that industrial disputes, loading restrictions, inclement weather or other causes may necessitate the cancellation and/or delay of Carriage or Services and the Operators may cancel the Carriage or other Services booked by the Passenger due to such causes.
- The Passenger acknowledges that if landed at a place other than the destination specified overleaf the Operator will make reasonable efforts to place the Passenger at the destination specified but shall have no obligation to ensure Passengers reach that destination by any specific time or by the mode of Carriage stated in the Ticket.
- The Operator shall be under no obligation or liability to the Passenger or any person due to:
- any inaccuracy, error or misdescription contained in any travel or tour brochure; or
- any change in any Ticket price; or
- withdrawal or failure to provide Carriage or Service; or
- the loss or theft of this Ticket; or
- any costs or losses incurred by the Passenger relating to diversion, substitution, alteration, cancellation or delay or from loss or delay of luggage; or
- loss, damage or delay caused by or arising from riots, act of God, civil commotion, strikes, lock-outs, stoppages, industrial action; or
- loss or damage occurring due to any variation in the time of arrival or departure; or
- any other cause beyond the control of the Operator,
- any loss or damage caused by any changes made to the allocation of seats, cabins or berths or for failure to carry the Passenger on the Train or for any loss or damage consequential upon such changes or failure, but it may, at its discretion, take action under clause 16.
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- Passengers must comply with all laws and regulations and with the instructions of the Operator, its employees and the onboard Train Manager. The Passenger acknowledges the Operator has the right to conduct a reasonable search or measure the weight of the Passenger's Luggage.
- The Passenger shall be ready to board the Train at the departure time having, before this time, loaded all Luggage onto the Train and completed all procedures for checking in Luggage. The Operator shall not be obliged to delay the departure of a Train in order to allow a Passenger who is late to board the Train.
- The Passenger shall leave the Train as soon as it has safely stopped at its destination and shall remove all Luggage and personal effects from the Train.
- The Operator shall have the right to allocate seats, cabins, and berths as it thinks fit, vary any bookings, and transfer any Passenger from any seats, cabins and berths to alternative ones.
- If the Operator is unable to provide Carriage to the Passenger on the Train it may -
- offer Carriage to the Passenger on another date without extra charge; or
- make a refund of the fare.
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- The Operator may without prior notice refuse access, Carriage or onward Carriage to any Passenger or may cancel the reservation of any Passenger if, in its absolute discretion, it believes such action is necessary for the protection of the Operator or of other Passengers.
- Except as otherwise provided by these terms and to the extent permitted by law;
- The Operator shall not be liable for death or personal injuries to the Passenger except upon proof that such death or personal injuries were caused by the wrongful act or wilful neglect of the Carrier (and to the extent that such liability cannot by law be excluded);
- The Operator shall not in any event be liable for mental distress or suffering whether caused or not by the neglect or default of the Carrier.
- The Operator shall not be liable for indirect or consequential loss.
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- All claims under these conditions must be made in writing to the Operator at its head office within 28 days of the date of completion of the journey. A claim may only be made by a Passenger who produces a Ticket or furnishes other proof satisfactory to the Operator of a right to bring an action against the Operator.
- Any liability of the Operator for breaches of any provision of or term implied by Division 2 of Part V of the Trade Practices Act 1974 (CTH) or equivalent state legislation shall not exceed resupply of the Carriage or Services in question or payment of the cost of resupply.
- Protection given by these conditions to an Agent or Operator shall extend to its servants, agents, representatives, related companies and independent contractors.
- These conditions may not be altered, modified or waived by any person or entity (including the Operator’s agents, servants or representatives) other than the Operator in writing.
- If any Condition hereof fails to have all, some or any effect, or causes any other condition to fail, or all to have any effect it shall be read down or severed to preserve the rest of these conditions.
- The following prohibited articles may not be carried by the Passenger or placed in their luggage:
- substances and articles the Carriage of which is prohibited in any state or territory through which the luggage is carried;
- things or items which cause damage or which are dangerous including (but without limitation) loaded firearms, explosives or inflammable substances or articles, oxidising, toxic, radioactive, corrosive or repugnant substances or substances liable to cause infections;
- live animals, insects, birds or fish;
- articles which in the opinion of the Operator are unsuitable for Carriage because of their weight, size or character;
- illegal narcotic substances other than prescribed drugs;
- motorcycles;
- plants.
The Carrier may refuse to carry any luggage which is not acceptable as luggage as provided by this clause.
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- The Operator reserves the right to increase the fare prior to Carriage to account for additional or increases in taxes, fees, imposts or any other charges not marked on the ticket but which are payable to third parties. The Operator may refuse Carriage to the Passenger if any increase to the fare is not paid.
- This Ticket is valid only for Carriage twelve (12) months from the date of issue. Tickets not used in the above period shall not be valid. Refunds (if any) of the price of the Ticket will only be made before the expiry of the validity of the Ticket.
- The Operator reserves the right to refuse carriage to any person it believes has acquired a Ticket in violation of any applicable law or the Operator's own rules and regulations.
- The Passenger shall be responsible for any loss or damage caused to the Operator's property, servants, agents or representatives by anything done by the Passenger or by any articles brought by him onto the Train and indemnifies the Operator against any liability to other persons for any death, injury, damage or loss caused thereby.
- All services booked by the Operator with third parties (including but not limited to Carriage not provided by the Operator, airline, hotel, transfer and porter services) are booked as agent for the Passenger and the Operator shall not be liable for any loss or damage caused to the passenger or the passengers Luggage in connection with Services, or Carriage provided by such third parties.
- The Operator shall not be liable for loss or damage arising out of arrangements made between Passengers and third parties or independent contractors in connection with services that have been booked by the Operator including:
- Services, products or transportation provided in connection with inclusive holidays that are not under the operation and control of the Operator; and
- Services or products made available on board the Train administered by any doctor, dentist or other medical attendant.
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- Passengers may employ the Services of Porters, or use trolleys and other equipment at railway stations or destinations, at their own risk and expense. The Operator shall not be liable for any loss or damage to the Passenger or the Passengers’ Luggage or personal effects caused by porters, trolleys or equipment at railway stations or destinations.
- If assistance is given by a servant, agent or representative of the Operator to the Passenger to load or unload luggage onto or from the Train or to carry luggage onto or from the platform or between vehicles or vessels or any other place, except in fulfilling the Operator's obligations under the Contract, the servant, agent or representative shall be deemed to render such assistance on behalf of the Passenger and the Operator shall not be liable for any loss or damage whether or not caused by the neglect or default of such servant, agent or representative.
- Passengers shall not be allowed to check in Luggage unless the Passenger produces at the same time a valid Ticket.
- Passengers shall not include in Luggage fragile or perishable articles, money, jewellery, precious metals, negotiable papers, securities, business documents or samples.
- All Luggage shall be locked and properly packed and labelled with the name and destination address of the Passenger. The Operator shall not be liable for any loss or damage caused by failure to comply with this provision.
- The Operator may refuse to accept for Carriage Luggage which is in a defective state or which shows signs of obvious damage or which is not properly labelled.
- The Operator shall not be obliged to verify the person claiming the Luggage is the owner of it or is entitled to take delivery.
- The Passenger shall collect Luggage as soon as it is available for collection.
- The Operator takes no responsibility either as carrier or as warehouseman in respect of Luggage.
- All Luggage is carried at the Passenger's own risk and the Operator shall not be liable for any loss of or from or for damage to such Luggage, or any delay in Luggage, howsoever caused including consequential loss.
- In the event of the Operator being liable for loss of or from or for damage to Luggage, such liability shall in any case be limited to the sum of $200.
- The Passenger acknowledges the Operator shall not be liable for personal injuries to the Passenger after the Passenger arrives at a destination.
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New South Wales Trains - Conditions of Carriage
The information below concerns policies and procedures relating to CountryLink services in accordance with the Transport Administration Act 1988 (NSW) and the Rail Safety Regulation 1999 (NSW) and is extracted from the CountryLink Business Rules Manual.
- Passenger conduct
Passengers shall not:
(a) put any part of their body outside any window or doorway of a CountryLink service while it is in motion;
(b) enter or leave a CountryLink service while it is in motion;
(c) board or leave a service that is not scheduled to pick up or set down passengers;
(d) board or leave a service in circumstances where the passenger is not scheduled to board or leave it;
(e) board a service without a valid ticket and/or reservation;
(f) occupy a sleeping berth or seat without a valid ticket and or reservation; or
(g) board a service under the influence of alcohol, wearing soiled clothing or being offensive to other passengers.
If a passenger is in breach of a condition of travel CountryLink has the right to refuse service and the contract for carriage between CountryLink and the passenger is immediately terminated without right of refund.
If a passenger breaches any provision of the Rail Safety Regulation 1999, CountryLink staff may ask the police to remove the passenger from the service. CountryLink staff who are authorised officers for the purposes of the Regulation may direct a passenger to leave a train where the member of staff is in the opinion that the passenger has committed an offence.
- Smoking
(a) Smoking is not permitted on any CountryLink service.
(b) Smokers are requested not to leave the train at any intermediate location while in transit for the purpose of smoking.
(c) If passengers choose to leave a train while it is stopped at an intermediate location, CountryLink will not be liable for any consequences.
- Alcohol
(a) Passengers cannot board a CountryLink service in possession of alcohol.
(b) Alcohol can be purchased on board some CountryLink services.
(c) CountryLink services do not have alcohol-free carriages.
- Privacy and personal information Act compliance
(a) CountryLink is required to comply with the Privacy and Personal Information Act 1998. This act regulates the collection, storage, use and disclosure of personal information.
(b) Information about a passenger, including their name, address and other details is "personal information" for the purpose of the Act. Any enquiries in relation to passenger information should be directed to the Reservations Control Manager on ph: (02) 9379 4617.
(c) Under privacy legislation, personal information must only be used for the purpose for which it is collected and CountryLink employees, contractors or agents must not disclose any passenger information to any third party other than with the express consent of the passenger.
- Infringements
Passengers on CountryLink services travel according to the Transport Administration Act 1988 (NSW) and the Rail Safety Regulation 1999 (NSW) regardless of where the passenger purchased the ticket or where an offence is committed.
- Lost property
All reasonable action will be taken to recover property left by passengers on CountryLink and railway premises in any State. Communication costs will not be charged.
(a) Articles of lost property found on CountryLink premises are to be held at that location for seven days. After seven days property is sent to the Lost Property Office in Sydney.
(b) Any articles of lost property found on CountryLink services are despatched direct to the Lost Property office in Sydney.
(c) A charge of $4.40 per article will be collected for each item of lost property returned to the owner at the Lost Property Office.
(d) Items of lost property returned to the owner at locations other than the Lost Property Office will be delivered without charge.
(e) If lost property is not claimed after three months the person who found the articles or money may lodge a claim.
The Lost Property Office is located at Concourse level, Central Station, Sydney, PO Box K349, Haymarket NSW 1238, ph: (02) 9379 3341, fax: (02) 9379 3901. Office hours are between: 8.30am and 4.20pm, Monday to Friday. Confiscation of concession cards or tickets Authorised ticket sales outlets reserve the right to confiscate concession cards, tickets or the like for misuse or any breach of conditions or an infringement of the conditions of travel.
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Transcontinental Trains - Conditions of Carriage
- Definitions:
- Customer means the purchaser of a Travel Right, or the bearer of a Ticket.
- General Conditions of Carriage means these general conditions of carriage.
- GSR means Great Southern Railway Limited ACN 079 476 979.
- Ticket means a document evidencing a Customer's entitlement to travel.
- GSR Train means The Ghan, Indian Pacific, The Overland or such other train services
that GSR or any related body corporate of GSR may operate from time to time. - Terms and Conditions has the meaning given in clause 2.1.
- Travel Agent means a travel agent duly appointed by GSR or a related body corporate
of GSR to distribute Travel Rights. - Travel Right means the right to travel on a GSR Train.
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- The Contract:
2.1 Composition of Contract
GSR agrees to carry the Customer on the terms and conditions set out in:
(a) this booklet (General Conditions of Carriage);
(b) the wallet containing the Customer's Ticket;
(c) the Ticket and the boarding pass issued to the Customer; and
(d) any other form, document or sign given to the Customer by GSR, appearing at any terminals or on board any GSR Train utilised by GSR, together, the Terms and Conditions.
2.2 Binding on Customer
These Terms and Conditions bind the Customer or the bearer of the Customer's Ticket,
GSR and GSR's employees, directors, officers, servants, agents and contractors.
2.3 Inconsistency
(a) In the event of any inconsistency between the General Conditions of Carriage and any of the other Terms and Conditions, the General Conditions of Carriage will prevail to the extent of that inconsistency.
(b) No terms and conditions contained in or deemed to be incorporated by the Customer's reservation of a Travel Right (or any other documentation of the Customer) will apply, override or amend in any way the Terms and Conditions.
2.4 Application
The Terms and Conditions also apply where GSR transports a Customer by any means other than a GSR Train, but only to travel with GSR and not any other operator.
- Warranties, Exclusions and Limitation of Liability:
3.1 No Liability
(a) In addition to any written express warranty given by GSR in relation to the services provided by GSR to the Customer (Services), GSR acknowledges that State and Federal legislation implies certain conditions and warranties into agreements for the supply of services which cannot be excluded, restricted or modified (NonExcludable Warranties). GSR does not exclude, restrict or modify the NonExcludable Warranties.
(b) To the extent permissible by law, the liability of GSR under any of the NonExcludable Warranties (including those contained in Division 2 of Part V of The Trade Practices Act 1974) is limited to, at GSR's discretion, resupplying the Services, having the Services resupplied or payment for the cost of having the Services resupplied.
(c) Except for the NonExcludable Warranties, GSR excludes all other conditions and warranties implied by custom, the general law or statute.
(d) To the extent permissible by law, GSR will not be liable for any death or personal injury, loss of, or damage to, baggage or goods, incidental damages, consequential losses, loss of profit or any like claims whatsoever arising from any use of, or incidental to, the Services or arising out of GSR's negligence in any way whatsoever, including delay, or any inaccuracy with respect to information relating to transport, Services or pricing.
(e) To the extent that the Services, or any component part of the Services, are supplied to the Customer by a third party, any warranty offered by GSR in relation to the Services or component part of the Services will be limited to GSR's right of redress (if any) against the third party supplier arising out of any alleged fault/defect in the Services.
3.2 Limits on Liability
The liability of GSR to the Customer is limited by the Terms and Conditions and the Ticket to the following amounts:
(a) $1,000.00 in respect of death or personal injury to the Customer;
(b) $100.00 in respect of destruction, loss of or damage to Checked Baggage of the Customer; and
(c) $50.00 in respect of the destruction, loss of or other damage to other baggage of the Customer, or such other sums as may be prescribed by GSR.
3.3 Other Clauses
Clauses 5.4, 8.3, 8.4, 10.3, 11.1, 11.2, 11.3, 11.4 and 11.5 of the General Conditions of Carriage also apply to limit GSR's liability to the Customer. The Customer should take the time to read those clauses.
- Travel Insurance:
4.1 Recommendation
Because GSR's liability to the Customer is limited, GSR strongly recommends that the Customer takes out travel insurance before leaving home to cover the following:
(a) cancellation of travel arrangements due to unforeseen circumstances;
(b) additional expenses for disrupted travel arrangements;
(c) damaged and/or lost luggage and personal effects;
(d) accidental death;
(e) rental vehicle excess cover; and
(f) personal liability.
4.2 Australian Residents
Australian residents travelling on a GSR Train are invited to contact GSR to arrange a travel insurance policy specifically tailored for rail Customers. Unfortunately, these policies are restricted to residents of Australia only.
4.3 Visitors
Visitors to Australia should contact their local insurance provider before leaving their country of origin to affect a more comprehensive travel insurance plan.
- Health
5.1 Refusal to Confirm or Permit Boarding
GSR may refuse to confirm the Customer’s reservation, boarding or remove the
Customer from a GSR Train, without any liability on its part, if:
(a) the Customer suffers from any illness, injury, disease or other medical condition
which makes travel unsafe for the Customer, other Customers or employees;
(b) the Customer is pregnant and has reached the 30th week of the pregnancy (an
"advanced pregnancy");
(c) the Customer has a complicated or multiple pregnancy;
(d) the Customer has not complied with GSR medical requirements contained in
GSR’s Fitness for Travel Policy in force and as amended from time to time;
(e) the Customer’s mental or physical state is a danger or risk to the Customer, GSR
Trains or any other Customer on board;
(f) permitting the Customer to board GSR Trains and travel may put the Customer’s
safety or health in danger or at risk;
(g) permitting the Customer to board GSR Trains and travel may put other
Customers and employee’s safety or health in danger or at risk.
5.2 Obligation to Inform
Prior to making a reservation for travel on GSR Trains, it is the Customer’s obligation to inform GSR of special assistance that may be required to board, disembark, and manoeuvre on GSR Trains during the journey. Prior to making a reservation with GSR, the Customer must also inform GSR if the Customer has an illness, disease, injury or
other medical condition, including advanced, complicated or multiple pregnancy which may make it unsafe for the Customer, other Customers or employees traveling on board
our trains.
5.3 Requirement for Medical Certificate
If the Customer suffers from an illness, disease, injury or other medical condition or is
pregnant, GSR may require the Customer to provide a medical certificate from a
registered/ licensed medical practitioner giving clearance for travel within 14 days of the
commencement of the Customer’s travel.
5.4 No Liability
If the Customer suffers from any illness, disease or other condition or has an advanced,
complicated or multiple pregnancy and the Customer fails to advise GSR of these
circumstances, GSR accepts no liability for death or personal injury or any other
consequences arising from these medical conditions which occur during the Customer’s
journey with GSR.
- Reservations:
6.1 When Made
A reservation for travel on a GSR Train is made when GSR (or a Travel Agent from which the Customer has purchased a Travel Right) advises the Customer that the reservation has been accepted and confirmed.
6.2 Payment
Payment or credit arrangements for the reservation must be made within 14 days of the reservation and at least 30 days prior to commencement of travel. If payment is not received by GSR or its authorised Travel Agent within these dates, the reservation may be cancelled without further notice to the Customer.
6.3 Alteration or Cancellation
Some fare types may have restrictive conditions attached to them such that the Customer may not change or cancel any reservation or may do so only to a limited extent or upon paying an additional service fee. A reservation may be changed or cancelled only by GSR or its authorised Travel Agent. GSR may require proof of identity before permitting a reservation to be altered or cancelled.
6.4 Unused Reservations
Failure to use a reserved seat for whatever reason may result in GSR requiring the Customer to pay a service fee. GSR may also cancel any onward or return reservations in the Customer's name and may also allocate the Customer's seat to someone else without further notice to the Customer.
6.5 Specified Reservation
Subject to the Terms and Conditions, the Customer will only be permitted to travel on a GSR Train if the Customer has a specified reservation, in a specified class of service, and on a specified date and journey. If the Customer's Ticket is opendated, a reservation must be made prior to being entitled to travel.
- Fares:
7.1 GST
All prices and fares quoted by GSR are GST inclusive.
7.2 Not Inclusive
Unless specified otherwise, each fare charged by GSR covers the Customer's journey and the Customer's allowed baggage from the terminal of departure specified on the Ticket to the terminal of destination specified on the Ticket. Any other services must be paid for separately.
7.3 Guide Dogs
If the Customer is sight or hearing impaired, the fare paid to travel on a GSR Train will include carriage of a guide dog (to be provided by the Customer), provided that:
(a) the Customer notifies GSR, when making a reservation, of the requirement for carriage of a guide dog on the GSR Train; and
(b) upon request by GSR, the Customer makes available for inspection by GSR, the guide dog's health and vaccination certificates, and all other documents required by any applicable law, regulation, or order.
7.4 Right to Alteration
GSR reserves the right to alter, increase or restructure any fare on short notice.
7.5 Taxes
All fares are inclusive of Government taxes and charges applying at the date of reservation. GSR reserves the right to increase or decrease the fares prior to travel to reflect any changes to Government taxes and charges after that date.
- Tickets and Seating
8.1 Check in
The Customer must not board a GSR Train without first checking in with the GSR representative/employee at the applicable place of boarding.
8.2 No Guarantee
(a) GSR does not guarantee any particular seat to any Customer.
(b) The Customer must either:
(i) accept any seat allocated on a GSR journey, even if it involves a downgrade; or
(ii) wait until the next applicable GSR journey on which a seat is available in the class of service paid for.
8.3 Lost, Stolen or Damaged Tickets
(a) GSR is not obliged to replace or give refunds for damaged, stolen or lost Tickets. If, in the absolute discretion of GSR, GSR replaces a lost, stolen or damaged Ticket, GSR reserves the right to charge the Customer a service fee for issuing that replacement.
(b) Tickets are personal to the Customer in whose name the Ticket is issued. If the Customer's Ticket is presented to GSR by a person other than the Customer, and that person is given a replacement or a refund, GSR is under no obligation to refund or replace the Ticket to the Customer in whose name the Ticket may have originally been issued.
(c) If the Customer's Ticket is lost or stolen, the Customer must notify GSR immediately.
8.4 Validity
(a) Subject to clause 8.4 (b), or unless specified otherwise on the Ticket, a Ticket is valid for one year from its date of issue.
(b) The validity of a Ticket may be extended by GSR, in GSR's absolute discretion, until such time as the Customer obtains a seat in the class paid for, in the following circumstances:
(i) if GSR:
(A) cancels the journey specified on the Customer's Ticket;
(B) omits a scheduled stop, being the Customer's place of departure, destination or stopover;
(C) fails to operate a journey reasonably according to the applicable schedule;
(D) causes the Customer to miss a connection on another GSR Train; or
(E) is unable to supply a previously confirmed seat (provided the reservation was made reasonably in advance of the date of departure, which may be more than one month in heavily booked seasons or on popular routes); or
(ii) if the Customer:
(A) becomes ill, or is certified by a registered/licensed medical practitioner as being unfit to travel. In these circumstances, the validity of the Ticket and Tickets of any of the Customer's immediate family accompanying the Customer, may be extended until:
(I) the Customer is certified as fit to travel by a registered/licensed medical practitioner and can be booked on GSR's first journey from the point where the Customer's travel resumes and on which seats are available in the class of service paid for; or
(II) three months after the date of the medical certification if remaining travel coupons in the Tickets involve one or more stopovers;
(B) die on route. In these circumstances, the Tickets held by the persons accompanying the Customer may, at GSR's discretion, be varied by waiving any minimum stay requirements or extending the validity of those Tickets; or
(C) has an immediate family member who dies while the Customer is traveling on a GSR Train. In these circumstances, the Ticket and the Ticket of any immediate family member accompanying the Customer, may at GSR's discretion, be varied by waiving any minimum stay or extending the validity of the Ticket.
Extensions due to death will only be granted upon receipt of a valid death certificate, and for no more than 45 days after the date of death.
- Baggage:
9.1 Permissible Baggage
Provided the Customer's baggage:
(a) does not exceed GSR's limits or is accepted and paid for by the guests as excess baggage;
(b) is not, in the complete discretion of GSR, considered inappropriate or unsafe because of its size, shape, weight or character;
(c) is appropriately packed and identified for travel; and
(d) is not prohibited or restricted in accordance with this clause;
the Customer may take the following baggage on board:
(f) Cabin Baggage (subject to clause 9.6):
- Gold Kangaroo Service Twin Sleeper Cabin – one travel bag not exceeding 20kgs in weight and no larger than 70 x 60 x 50cm (length x height x width) plus one piece of hand luggage ie. garment bag, cabin bag or briefcase;
- Gold Kangaroo Service Single Sleeper Cabin – one travel bag not exceeding 20kgs in weight and no larger than 50 x 30 x 30cm (length x height x width) plus one piece of hand luggage ie. garment bag, cabin bag or briefcase;
- Red Kangaroo Service Sleeper Cabin – one travel bag not exceeding 20kgs in weight and no larger than 50 x 30 x 30cm (length x height x width) plus one piece of hand luggage ie. garment bag, cabin bag or briefcase;
- Red Kangaroo Service Daynighter Seat – one travel bag not exceeding 20kgs in weight and no larger than 50 x 30 x 30cm (length x height x width).
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Occupational Health and Safety Legislation provides guidelines outlining the safe weight that can be lifted by GSR staff. We appreciate the Customer’s cooperation.
(f) Checked Baggage (subject to clause 9.6):
2 items not exceeding 20 kg each and not exceeding 180 linear centimetres may be conveyed free of charge in the luggage car. Excess luggage prices on application. Due to space constraints, the Customer should only take on board hand luggage required for their journey. Remaining luggage should be checked in up to 30 minutes before departure. Unchecked luggage is carried at the Customer’s risk. Cardboard, plastic or wooden boxes, garbage bags or tea chests will not be accepted as baggage. Bags should be secured and carry the Customer’s name, destination and contact phone number both inside and outside the bag. Explosive, combustible and inflammable materials are prohibited. Items such as foodstuffs, plants, animals and furniture cannot be accepted as personal luggage.
An infant’s stroller or carry basket is included as part of checked baggage.
(g) General:
The Customer is entitled to carry on board a handbag, pocket book or purse appropriate to normal travel dress which is not being used as a container for the transportation of articles which would otherwise be regarded as baggage; an overcoat, wrap or blanket; an umbrella or walking stick; a small camera and/or pair of binoculars; a reasonable amount of reading matter for the journey; an infant's food for consumption during travel; an infant's carry basket; a fully collapsible wheelchair and/or a prosthetic device if the Customer is dependent upon them. Wheelchairs may be used to board the GSR Train and then may be stowed in the baggage van.
9.2 Prohibited Items
Under no circumstances is the Customer permitted to carry the following Prohibited Items as either Cabin Baggage, Checked Baggage or on the Customer's person:
(a) knives, weapons and firearms of any type. (Exceptions exist for firearms and ammunition for hunting or sporting purposes. These must be packed in accordance with all applicable laws and regulations. GSR's approval in writing must be obtained for the carriage of these items, which approval may be withheld at GSR's sole discretion. Applications to carry firearms and ammunition must be submitted at least two working days prior to the anticipated departure date);
(b) items that may become or are dangerous, such as compressed gases, corrosives (such as wet seal batteries, items containing mercury, bleaches, acids and alkalies), explosives (including fire works and flares), flammables (such as paints, thinners or petroleum products), oxidizing materials (such as hydrogen peroxide), poisons (such as pesticides and herbicides), radioactive material;
(c) items prohibited by any applicable law, regulation or order; and
(d) animals (with the exception of guide dogs).
9.3 Excess Baggage
All baggage must comply with applicable size and weight restrictions permissible for each class of travel set out on the Ticket and in this clause 9. Any Baggage in excess of the permissible amount set out in this clause 9 may be refused carriage by GSR or may, if appropriate, be included in Checked Baggage, provided the appropriate fee is paid to GSR.
9.4 Searches
If GSR has reasonable cause to believe that the Customer is carrying a Prohibited ltem either in their baggage or on their person, GSR, government and authorised officers may, subject to applicable laws, search or inspect the Customer's baggage, and/or require the Customer to submit to clothing and body searches.
9.5 Consequences of Carrying Prohibited ltems
If the Customer, upon request by GSR, or government or authorised officers, refuses to submit to a search in accordance with clause 9.4, or if Prohibited ltems are found as a result of a search, GSR may refuse to carry the Customer and the Customer's baggage and may deliver the baggage to government authorised officers or dispose of any Prohibited ltem without notice to the Customer.
9.6 Additional Restrictions on Checked Baggage
(a) Checked Baggage must not include:
(i) fragile, delicate or perishable items (including food items);
(ii) medicine;
(iii) money, jewellery, precious metals, silverware, negotiable papers, securities or other valuable items (e.g. cameras and electronic equipment);
(iv) commercial goods or documents; or
(v) passport and other travel documents.
(b) These items may be included in Cabin Baggage under the Customer's care, provided those items comply with applicable size and weight limitations. However, the Customer must notify GSR if they intend to carry fragile or delicate items in Cabin Baggage and the Customer must pay any applicable fees.
(c) GSR accepts no liability for loss of or damage to items included in clause 9.6 (a), and these items should be separately insured by the Customer.
(d) GSR may refuse to carry valuable items, including but not limited to money and jewellery, unless the Customer provides proof of insurance of those valuables.
9.7 Baggage Receipt
(a) A baggage receipt will be issued to the Customer at checkin for any Checked Baggage. Baggage will only be released to the Customer upon the presentation of the baggage receipt to GSR at the point of destination.
(b) In the event that the Customer's baggage receipt has been lost, stolen or damaged, and the Customer does not notify GSR of this, GSR accepts no responsibility for lost, damaged or stolen baggage receipts and does not accept any liability for baggage which is lost, stolen or damaged as a result of a person other than the Customer collecting the Customer's baggage.
(c) If the Customer claims that GSR is in possession of baggage belonging to the Customer, but does not have a baggage receipt, GSR will release that baggage to the Customer only on:
(i) proof of identity and entitlement to the baggage;
(ii) the Customer indemnifying GSR in writing against any loss, damage or expense incurred as a result of that release; and
(iii) the Customer's compliance with any other applicable directions given by GSR in relation to that baggage.
9.8 Baggage Collection
(a) Subject to this clause 9, Checked Baggage is available for collection as soon as possible at the end of the Customer's journey.
(b) Any Checked Baggage not collected or Cabin Baggage left on a GSR Train which remains unclaimed for 90 days after completion of the journey, may be sold or otherwise disposed of by GSR without further notice to the Customer and without the incurring of liability on the part of GSR.
(c) GSR is not liable for any loss or damage suffered by the Customer as a result of leaving baggage on a GSR Train upon disembarkation.
- Checkin:
10.1 Present ticket
Upon arrival at the terminal of departure, the Customer should proceed to the GSR checkin counter to present the Customer's Ticket, baggage and if appropriate, medical certificates.
10.2 Confirmation of Timetable
The Customer should confirm with GSR the departure time of the GSR Train and ensure that the Customer checksin sufficiently in advance of the scheduled departure time to complete all formalities. GSR will notify the Customer of the latest time by which the Customer should checkin.
10.3 Failure to Check In
(a) If the Customer fails to checkin, for whatever reason, GSR may cancel the Customer's reservation, refuse to carry the Customer, and/or require the Customer to pay an additional service fee.
(b) GSR is not liable to the Customer for any loss or damage suffered as a result of failing to checkin prior to the scheduled departure.
- Timetables and Schedules:
11.1 No Liability
GSR will endeavor to ensure that its published timetables and schedules are accurate and that all its employees and authorised agents are aware of train departure and arrival information. However, GSR accepts no liability for any loss, damage, delay (including consequential loss) incurred by the Customer as a result of information contained in timetables and schedules being incorrect or changed without notice to the Customer.
11.2 Acknowledgement by Customer
The Customer acknowledges that GSR does not and cannot guarantee that timetables and schedules are accurate, and the Customer must check departure and arrival times with GSR on the day of travel.
11.3 No Guarantee of Carriage
GSR will use its best efforts to carry the Customer and the Customer's baggage reasonably and for the duration of the journey specified on the Customer's Ticket, but does not guarantee that it will be able to do so.
11.4 Substitute Services
If the Customer has a confirmed reservation, and GSR:
(a) fails to carry the Customer on the reserved journey;
(b) delays the reserved journey;
(c) fails to stop at a station of destination specified on the Customer's Ticket; or
(d) cancels the journey for which the reservation relates, GSR will, if possible, and in its absolute discretion:
(e) carry the Customer on another scheduled service on which space is available;
(f) reroute the Customer to the next stopover or destination specified on the Customer's Ticket by any form of transport, at no additional cost to the Customer; or
(g) give the Customer a refund in accordance with its policy, although GSR is not obliged to do any of the above things, and may, in its absolute discretion, refuse to refund the cost of the Ticket to the Customer.
11.5 No Liability for Other Carriers
GSR is not liable for any loss or damage suffered in relation to a Customer missing a connecting journey on another carrier, as a result of any cancelled or delayed GSR journey.
- Customer's Conduct:
12.1 Denial of Boarding
GSR may deny the Customer the right to board a GSR Train or may refuse to carry the Customer or remove the Customer from a GSR Train and may confiscate the Customer's Ticket, without any liability on its part, for the following reasons:
(a) safety or security reasons, including the Customer's refusal to undergo a search or security check or to comply with any applicable law, regulation or order;
(b) because the Customer's identity is in doubt;
(c) because the Customer's Ticket has not been paid for, or has been reported lost or stolen, has been acquired unlawfully, transferred, acquired from someone other than GSR or its authorised agents, or contains an unauthorised, altered or otherwise invalid coupon or is counterfeit; or
(d) because the Customer:
(i) fails to comply with any direction of any crew member;
(ii) has not complied with GSR's directions on medical requirements;
(iii) is in a questionable physical, mental or medical state;
(iv) requires special assistance;
(v) may be endangered by travelling; or
(vi) may cause discomfort to or be objectionable to other Customers, or may cause risk to itself, others or property.
12.2 Undertakings
The Customer undertakes to comply with GSR's requirements and directions given during the journey by any means including the directions of any crew member, and specifically undertakes NOT to:
(a) stow Cabin Baggage under the seat, in front of any Customer (including the Customer), or in the overhead racks;
(b) sleep in aisles or doorways;
(c) smoke in any area of the train;
(d) drink any alcohol other than that provided by GSR and then only in moderation; or
(e) behave offensively towards other Customers.
- Refunds:
13.1 No Obligation
Subject to the Terms and Conditions, GSR is not obliged under any circumstances whatsoever, to refund the purchase price of the Customer's Ticket.
13.2 Validity
Except where prohibited by restrictions on the type of fare paid for, GSR may, subject to clause 13.3, refund the price of a Ticket or any unused portion of that Ticket to a Customer provided that the Ticket is valid and is surrendered in its entirety to GSR. Authorised agents of GSR are not permitted to give refunds.
13.3 Refunds for Reasons
GSR may, but is not obliged to, provide a refund to the Customer, of all or a portion of the Ticket price if GSR:
(a) is unable to carry the Customer and the Customer had a confirmed reservation;
(b) delays the Customer's journey to the extent that the Customer had to cancel travel plans;
(c) downgrades the Customer from the class paid for;
(d) fails to stop at a station or destination specified on the Customer's ticket; or
(e) cancels a journey.
13.4 Amount of Refund
Except where prohibited by restrictions on the fare type, if a refund is to be provided by GSR to the Customer, then GSR will refund to the Customer:
(a) if no part of the Ticket has been used an amount equal to the fare paid (less any applicable fees); or
(b) if part of the Ticket is used the difference between the fare paid and the fare for the part of the Ticket used (less any applicable fees).
13.5 Recipient of Refund
The refund will be paid to the person who paid for the Ticket or to the person named on the Ticket.
13.6 Lost or Stolen Tickets
GSR is not obliged to replace lost, stolen or damaged Tickets or give a refund for lost, stolen or damaged Tickets.
- Personal Information
(a) The Customer acknowledges and agrees that GSR may collect, use and disclose the Customer's personal information:
(i) to provide services to the Customer, including answering queries, providing requested information regarding travel options, packages and other activities, arranging and making reservations for travel, packages and activities on behalf of the Customer, invoicing the Customer for confirmed travel arrangements, and completing related transactions;
(ii) to provide the Customer with updates and other information about travel options, packages and other activities that can be booked through GSR, and other information about the goods, services and activities offered by GSR or third parties. The Customer may notify GSR at any time if they do not wish to receive this information;
(iii) for administrative purposes and all other purposes reasonably associated with GSR's business; and
(iv) as required or authorised by law.
(b) The Customer acknowledges and agrees that GSR may disclose the Customer's personal information:
(i) to third parties for the purpose of processing and making reservations for the Customer's Travel Right, accommodation and activity arrangements and to facilitate other transactions in relation to those arrangements (including without limitation disclosing the Customer's information to accommodation and activity providers and other carriers who will be providing the Customer with goods or services in relation to the Customer's travel plans); and
(ii) to agents, contractors and service providers who act on GSR's behalf or who provide goods or services to GSR (the identity of which may change from time to time). Your personal information may be disclosed between GSR and any of its related bodies corporate. (c) The Customer may seek access to any personal information that GSR holds about the Customer at any time (although some requests may be denied in certain circumstances). GSR will correct any information that GSR considers is inaccurate, incomplete or outofdate.
(d) It is important that GSR collects the information it requires about the Customer. Without this information, GSR may not be able to provide the Customer with its travel and accommodation information and reservation services.
(e) Full details of GSR's privacy practices regarding personal information are contained in GSR's Privacy Policy. To request access to any personal information that GSR holds about the Customer, to request a copy of GSR's Privacy Policy, or to enquire generally about privacy matters, please write to GSR's Privacy Officer.
- Miscellaneous
15.1 Governing Law
The Terms and Conditions are governed by the law applicable in the State of South Australia and each party submits to the exclusive jurisdiction of the courts of that State, regardless of where a Ticket may be issued.
15.2 Severability
Each clause in the Terms and Conditions is severable from the others and if one is found to be unenforceable, this will not affect the validity of the others.
15.3 Waiver
A provision of the Terms and Conditions may not be waived except in writing signed by GSR.
15.4 No variation
No employee of GSR or other person is authorised to vary the Terms and Conditions.
15.5 Food on Board GSR Trains
The Customer may take on board a reasonable quantity of food for personal consumption during a journey, as long as it conforms to the requirements set out below:
(a) It is prohibited to take on board food that:
(i) contravenes health or quarantine regulations
(ii) needs preparation, cooking or reheating
(iii) may perish during the course of the journey
(iv) could cause offence to others, by way of its appearance or smell
(v) could stain or damage carriage furniture
(vi) may pose a risk to health of staff or other guests
(vii) does require refrigeration
(b) hot water will not be made available to the Customer to make up a food item which is available for purchase on board (For example: tea bags, noodles, soup)
(c) rigid food carriers (For example: picnic hampers and eskys) are not permitted on board and must travel in the luggage van, providing they comply with GSR’s luggage terms and conditions
(d) the food service carriage of the train is reserved for those purchasing food on board. The Customer may not consume their own food or beverages in this carriage
(e) Alcohol cannot be taken on board for consumption. Permission to carry any alcohol must be sought from the Train Manager and permission will only be granted in exceptional circumstances The Customer must comply with all directions of onboard staff in regards to all matters pertaining to these guidelines. These guidelines may be subject to revision without notice.
15.6 No Smoking Policy
All GSR Trains are entirely smoke free in accordance with the NSW SmokeFree Environment Act 2004, the SA Tobacco Productions Regulation Act 1997 and the WA Health (Smoking in Enclosed Public Places) Regulations 2004.
The Customer agrees to comply with GSR’s No Smoking Policy in force and as amended from time to time.
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Western Australia Trains - Conditions of Carriage
Transwa aims to provide customer focused, safe and cost effective passenger transport services to regional Western Australia. To maintain a high standard of comfort and safety for all passengers, a range of policies have been introduced.
For details of our policies in relation to children travelling without adult supervision, passenger's luggage allowances or prohibited luggage items click on the related links to the right.
Transwa operate on a seat reservation basis. Bookings may be made up to three months in advance.
Bookings are not confirmed until payment is processed and a confirmation number (ticket number is provided).
Passengers with special needs such as those travelling with wheelchairs or those requiring medical oxygen bottles, are requested to advise Transwa in advance of travel so that suitable arrangements can be made.
- This ticket is issued to and accepted by the person named in the ticket (thereafter called “the holder”), and is not transferable.
- This ticket is issued subject to the terms and conditions set out here (these Conditions) and subject to the Government Railways Act 1904, By-Laws, Regulations, Public Transport Authority Act 2003 and Regulations.
- The issuer of this ticket is not liable to the purchaser or the holder in the event of the loss of or theft of this ticket or if it is honoured when presented by the person other than the person named on the ticket or if the ticket is mislaid.
- Holders of tickets issued at concessional fare rates must produce identification upon request and carry the same whilst travelling on Public Transport Authority Transwa Services (Transwa).
- Smoking is prohibited on all Transwa services.
- Transwa reserves the right for reasons of health and safety to require children under the age of 10 years to travel accompanied by a parent or guardian, and to wear reasonable attire. Transwa will accept children between 10 and 16 years of age travelling without a parent or guardian in accordance with Transwa policy from time to time. This includes the tender of a duly signed authorisation form.
- Transwa may use, or change, the nominated mode of transport for the journey.
- A refund of the fare (less cancellation fee) will only be made when the journey has been cancelled prior to travel by the ticket holder. A cancellation fee of 10% (a minimum fee of $AUD2.00) applies on the value of all monetary tickets cancelled prior to travel.
- Transwa is not liable for any consequence arising out of or from any cancellation, variation in the time of arrival at or departure from any station or stops, of any train or coach.
- Transwa may, in its sole discretion, and without liability therefore, cancel in whole or in part any of the trains or coaches shown in the published timetables or vary the stations or stops at which the trains or buses will pick up or set down passengers.
- Transwa is under no obligation or liability whatsoever to any person as a result of: (a) any inaccuracy, error or misdescription contained in any travel or tour brochure;
(b) any change in any ticket price; or
(c)withdrawal of or failure to provide any service set out in such travel or tour brochure.
- The normal free luggage allowance on Transwa services is two (2) pieces of stowed luggage not exceeding 20kg per piece and one (1) piece of hand-held carry on luggage not exceeding 7kg. All luggage, including hand-held carry on luggage, should be of a size and weight that can be easily lifted and carried by the passenger without assistance and that does not impede the safety and comfort of others passengers.
- Passengers will be obliged to render assistance in the loading of their luggage when required.
- All additional items of luggage including bicycles and surfboards will be accepted if space permits, but a separate charge is applicable. NB: Bicycles and surfboards cannot be carried on the Prospector train.
- Passengers are responsible for labelling and handling of their own luggage.
- If your baggage is lost or damaged whilst using a Transwa service, you must notify Transwa in writing within 7 days from the date of the journey where the loss or damage is alleged to have occurred. All luggage is carried at the passenger’s own risk and Transwa and its contractors shall not be liable for the loss of, damage to, or delay in delivery of such luggage or its contents. In the event that liability is accepted by Transwa, such liability shall in all cases be restricted to $150.
- Transwa is not liable to the holder for loss, damage or delay caused by or arising from riot, war, act of terrorism, Act of God, civil commotion, strikes, lockouts, stoppages or restrain from labour from whatsoever cause, whether partial or general.
- Transwa is not liable to the holder for loss, damage or delay caused by or arising from the failure of Transwa to give a ticket holder notice of: (a)the withdrawal or cancellation of any service;
(b)the occurrence of any event, matter or thing set out in these Conditions; or
(c)the threat, likelihood or possibility of the occurrence of an event, matter or thing set out in these Conditions.
- The exclusions of liability set out in these conditions apply to and are to be of benefit to the agents, employees and representatives of Transwa and any carrier whose vehicle or train is used by Transwa for carriage, and the agents, employees and representatives of such carrier.
- Relevant Transwa officers or Police officers may require you to submit yourself or your baggage to search and inspection.
- You are prohibited from carrying the following articles on your person or in your hand held baggage:
(a) an explosive;
(b) a syringe, other than a syringe for the administration by or for you of a medication obtained by prescription;
(c) a firearm;
(d) a controlled weapon or prohibited weapon within the meaning of those terms in section 3 of the Weapons Act 1999 (WA);
(e) any tool, device, substance or apparatus capable of being used to create graffiti or mark property.
(f) windsurfing boards, surf skis, kayaks, surfboards exceeding 2 metres in length
(g) perishable foodstuffs (sealed and unsealed), eskies containing perishables and foodstuffs, unsealed cartons and plastic garbage bags, unpackaged electrical goods.
(h) Birds and animals.
- Sharp objects or cutting implements (such as knives, box cutters, letter openers, scissors, tradesman’s tools, screwdrivers) or club like objects (such as baseball or cricket bats, pool cues, golf clubs, ski poles, ice picks, hammers) cannot be taken into any Transwa bus or train, but may be stored in a separate baggage compartment that is not accessible to passengers, subject to condition 12.
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Travel Information
