Conditions of carriage

1. The Contract

1.1 Composition of Contract
Great Southern Railway Limited (ACN 079476949) ("GSR") agrees to carry you, the guest, on the terms and conditions set out in:

• this booklet;
• the wallet containing your ticket;
• the ticket and the boarding pass issued to you;
• any other form, document or sign given to you, appearing at any terminals or on board any train utilised by GSR.

1.2 Inconsistency
In the event of any inconsistency between the terms & conditions set out in this booklet and the terms & conditions appearing anywhere else, the terms & conditions set out in this booklet prevail.

1.3 Binding on Guest
The terms and conditions set out in this booklet bind you or the bearer of your ticket, GSR and GSR's employees, directors, officers, servants, agents and contractors.

1.4 No Variation
No GSR employee or other person is authorised to vary any of these written terms and conditions.

1.5 Application
These terms and conditions apply where GSR transports a guest by any means other than train but apply only to travel with GSR and not to any other operator.

2. Limited Liability

2.1 No Liability
Except as otherwise provided by the terms & conditions & to the maximum extent permitted by law:

1. GSR is not liable for death of or injury to any person, for loss of or damage to baggage or goods, for delay or for consequential or other loss of any kind, arising directly or indirectly from negligence or omission or some other cause in connection with provision or non-provision of any transport services;
2. GSR and its agents are not liable for any inaccuracy in any information concerning transport, services, or their pricing.

2.2 Resupply
Any liability of GSR for breach of any provision of or term implied by Division2 or Part V of the Trade Practices Act 1974 (Commonwealth) or equivalent State legislation shall not exceed resupply of the service in question or payment of the cost of the supply.

2.3 Limits on Liability
Liability of GSR to the guest is limited by the terms of this agreement & the ticket to the following sums:

• AUD $1,000.00 in respect of death or personal injury to the guest.
• AUD $100.00 in respect of destruction, loss of or damage to Checked Baggage of the guest.
• AUD $50.00 in respect of destruction, loss of or other damage to other baggage of the guest, or such other sums as are prescribed.

2.4 Other Clauses
In this booklet, Clauses 4.4, 7.3, 7.4, 9.3, 10.1, 10.2, 10.3, 10.4 and 10.5 also apply to limit GSR's liability to you. You should take the time to read those clauses.

3. Travel Insurance

Insurance Policies:
Because Great Southern Railway's liability to you is limited, we strongly recommend that you take out travel insurance before leaving home to cover the following:

• cancellation of travel arrangements due to unforeseen circumstances;
• additional expenses for disrupted travel arrangements;
• damaged and/or lost luggage and personal effects;
• accidental death;
• rental vehicle excess cover;
• personal liability.

Australian residents travelling on Great Southern Railway services are invited to contact us to arrange a travel insurance policy specifically tailored for rail guests. Unfortunately, these policies are restricted to residents of Australia only.
Visitors to Australia should contact their local insurance provider before leaving their country of origin to affect a more comprehensive travel insurance plan.

4. Health

4.1 Refusal to Confirm or Permit Boarding
GSR may refuse to confirm your reservation or refuse you boarding if:

• you suffer from any illness, disease or other condition which makes travel unsafe for you or other guests;
• you are pregnant and have reached the 30th week of the pregnancy (an "advanced pregnancy");
• you have a complicated or multiple pregnancy.

4.2 Obligation to Inform
You must, prior to making a reservation with GSR, inform GSR if you have an illness, disease or other medical condition, including advanced, complicated or multiple pregnancy.

4.3 Requirement for Medical Certificate
If you suffer from illness, disease or other medical condition or are pregnant, GSR may require you to provide a medical certificate from a registered/ licensed medical practitioner giving clearance for travel within 14 days of the commencement of your travel.

4.4 No Liability
If you suffer from any illness, disease or other condition or have an advanced, complicated or multiple pregnancy and you fail 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 your journey with GSR.

5. Reservations

5.1 When Made
A reservation for travel is made when GSR advises you the reservation has been accepted and confirmed.

5.2 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 agent within this period of time, the reservation may be cancelled without further notice to you.

5.3 Alteration or Cancellation
Some fare types may have restrictive conditions attached to them so that you 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 agent. GSR may require proof of identity before permitting a reservation to be altered or cancelled.

5.4 Unused Reservations
Failure to use a reserved seat for whatever reason may result in GSR requiring you to pay a service fee. GSR may also cancel any onward or return reservations in your name and may also allocate your seat to someone else without further reference to you.

5.5 Specified Reservation
Subject to the terms and conditions, you will only be permitted to travel if you have a specified reservation, in a specified class of service, and on a specified date and journey. If your ticket is open dated, a reservation must be made prior to being allowed to travel.

6. Fares

6.1 Not Inclusive
Unless specified otherwise, each fare charged by GSR covers your journey and your allowed baggage from the terminal of departure specified on your ticket to the terminal of destination specified on your ticket. Any other services must be paid for separately.

6.2 Guide Dogs
A fare will also cover carriage of a guide dog for sight or hearing impaired guests. GSR must be notified of the requirement for carriage of a guide dog upon a guest making a reservation and the dog's health and vaccination certificates and all other documents required by any applicable law, regulation or order, must be available for presentation to GSR employees.

6.3 Right to Alteration
GSR reserves the right after final payment to alter, increase or restructure any fare on short notice.

6.4 Taxes
All fares are inclusive of Government taxes and changes. GSR reserves the right to increase or decrease the fares prior to travel to reflect any changes to Government taxes and charges.

7. Tickets & Seating

7.1 Check in
You may not board a GSR train without first checking in with the GSR representative/ employee at your place of boarding.

7.2 No Guarantee
GSR does not guarantee any, or any particular, seat to any guest. You must accept any seat allocated on the journey, even if it involves a downgrade, or you must wait until the next journey on which a seat is available in the class of service paid for.

7.3 Lost, Stolen of Damaged Tickets
GSR is not obliged to replace or give refunds for damaged, stolen or lost tickets. If, in the complete discretion of GSR, GSR replaces a lost, stolen or damaged ticket, GSR reserves the right to charge you a service fee for issuing a replacement. Tickets are personal to the guest in whose name the ticket is issued. If your ticket is presented by someone else and that person is given a replacement or a refund, GSR is under no obligation to refund or replace the ticket to you in whose name the ticket was originally issued. If your ticket is lost or stolen, you must notify GSR immediately.

7.4 Validity
Unless specified otherwise on the ticket, the ticket is valid for one year from the issue date, but the validity of a ticket may be extended in the following circumstances:

1. If GSR:
   • cancels a journey;
   • omits a scheduled stop, being your place of departure, destination or stopover;
   • fails to operate a journey reasonably according to the schedule;
   • causes you to miss a connection but only on another GSR train;
   • is unable to supply a previously confirmed seat (providing the request for the reservation was made reasonably in advance to be a requested journey, which may be more than a month in heavily booked seasons or on popular routes).
   Extensions under this sub-clause will be valid until such time as the guest obtains a seat in the class paid for.
2. If you:
   • become ill or are 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 your immediate family accompanying you, will be extended until you are certified as fit to travel by a registered/ licensed medical practitioner and can be booked on GSR's first journey from the point where your travel resumes and on which seats are available in the class of service paid for; or for three months after the date of the medical certification if remaining travel coupons in the tickets involve one or more stopovers.
     dies on route, the tickets of the people accompanying you may, at GSR's discretion, be varied by waiving any minimum stay requirements or extending the validity of those tickets.
   • have an immediate family member who dies while you are travelling, the ticket and the ticket of any immediate family member accompanying you, may at GSR's discretion, be varied by waiving any minimum stay or extending the validity of the ticket.
   Extensions due to death will be made only on receipt of a valid Death Certificate, and for no more than 45 days after the date of death.

8. Baggage

8.1 Permissible Baggage
Providing that your baggage:

• does not exceed GSR's limits or is accepted and paid for by the guest as excess baggage;
• is not, in the complete discretion of GSR, considered inappropriate or unsafe because of its size, shape, weight or character;
• is appropriately packed and identified for travel;
• is not prohibited or restricted in accordance with this clause;

You may take the following baggage on board:

Cabin Baggage:
Gold Kangaroo Service: one suitcase not exceeding 20 kilograms plus hand baggage including garment bag, cabin bag, briefcase;
Red Kangaroo Sleeper Cabin: hand baggage including garment bag, cabin bag, briefcase;
Red Kangaroo Daynighter Seat: cabin bag;

Checked Baggage:
40 kilograms of baggage (two items not exceeding 20 kilograms each and not exceeding 180 linear centimetres). An infant's stroller or carry basket is included as part of checked baggage.

General:
You are 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 or 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 you are dependent upon them. Wheelchairs may be used to board the train and then may be stowed in the baggage van.

8.2 Prohibited Items
Under no circumstances are you permitted to carry the following Prohibited Items as either Cabin Baggage, Checked Baggage or on your person:

• knives, weapons and firearms or 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 the GSR's sole discretion. Applications to carry firearms and ammunition must be submitted at least two working days prior to the anticipated departure date);
• 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), oxidising materials (such as hydrogen peroxide), poisons (such as pesticides and herbicides), radioactive material;
• items prohibited by any applicable law, regulation or order;
• animals (with the exception of guide dogs).

8.3 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. Any Baggage in excess of the permissible amount can be refused carriage by GSR or may, if appropriate, be included in checked baggage, providing the appropriate fee is paid.

8.4 Searches
If GSR has reasonable cause to believe you are carrying a Prohibited Item either in your baggage or on your person, GSR, government or authorised officers may search or inspect your baggage, and/ or require you to submit to clothing and/ or body searches.

8.5 Consequences of Carrying Prohibited Items
If you refuse to submit to a search of yourself or your baggage, or if Prohibited Items are found as a result of a search, GSR may refuse to carry you and your baggage and may deliver your baggage to government authorised officers or dispose or any Prohibited Item without notice to you.

8.6 Additional Restrictions on Checked Baggage
Checked Baggage must not include:

• fragile, delicate or perishable items (including food items);
• medicine;
• money, jewellery, precious metals, silverware, negotiable papers, securities or other valuable items (eg. cameras and electronic equipment);
• commercial goods or documents;
• passport and other travel documents.

These items may be included in your cabin baggage under your care providing these items comply with applicable size and weight limitations but you must notify GSR if you intend to carry fragile or delicate items as cabin baggage and you must pay any applicable fees. GSR accepts no liability for loss of or damage to items included in this sub-clause and these items should be separately insured. Further, GSR may refuse to carry valuable items such as jewellery, money et cetera unless you can show proof of insurance of those valuables.

8.7 Baggage Receipt
A Baggage Receipt will be issued to you at check-in for any checked baggage. Baggage will only be released to you upon the presentation of the Receipt to GSR at the point of destination. GSR accepts no responsibility for lost, damaged or stolen receipts and does not accept any liability for baggage which is lost, stolen or damaged as a result of someone else collecting your baggage, if you do not notify GSR that the baggage receipt has been lost, stolen or damaged.

8.8 Baggage Collection
Collection of Checked Baggage is available as soon as possible at the end of your journey. Any Checked Baggage not collected or Cabin Baggage left on the 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 you and without the incurring of liability on the part of GSR. GSR is further not liable for any loss suffered by you as a result of leaving baggage on a train upon disembarkation.

8.9 No Receipt
If you claim that GSR is in possession of baggage belonging to you but you do not have a baggage check, GSR will release that baggage to you only on:

1. proof of identity and entitlement to the baggage;
2. you indemnifying GSR in writing against any loss, damage or expense incurred as a result of that release; and
3. your compliance with any other applicable directions given by GSR in relation to that baggage.

9. Check-in

9.1 Present Ticket
Upon arrival at the terminal of departure, you should proceed to the GSR check-in counter to present your ticket, baggage and if appropriate, medical certificates.

9.2 Confirmation of Timetable
You should confirm with GSR the departure time of the train and ensure that you check-in sufficiently in advance of the scheduled departure to complete all formalities. GSR will notify you of the latest time by which you should check-in.

9.3 Failure to Check In
If you fail to check-in, for whatever reason, GSR may cancel your reservation, refuse to carry you and/ or require you to pay an additional service fee. GSR is not liable to you for any loss or damage suffered as a result of failing to check-in prior to the scheduled departure.

10. Timetables & Schedules

10.1 No Liability
GSR will endeavour to ensure its published timetables and schedules are accurate and that all its employees and authorised agents are aware of train departure and arrival information but takes no responsibility for loss, damage, delay (including consequential loss) incurred by you as a result of information contained on timetables and schedules being incorrect or changed without notice to you.

10.2 Confirmation by Guest
You acknowledge that GSR does not and cannot guarantee that timetables and schedules are error free and you must check departure and arrival times with GSR on the day of travel.

10.3 No Guarantee of Carriage
GSR will use its best efforts to carry the guest and the guest's baggage reasonably and in accordance with the date and time of the journey specified on the guest's ticket but does not guarantee that it will be able to do so.

10.4 Substitute Services
If you have a confirmed reservation and GSR:

• fails to carry you on the reserve journey;
• delays the reserved journey;
• fails to stop at a station of destination specified on your ticket;
• or cancels the train for which the reservation related;

GSR will, if possible:

• carry you on another scheduled service on which space is available; or
• reroute you to the next stop over or destination specified on your ticket by any form of transport, at no additional cost to you; or
• give you a refund in accordance with its policy although GSR is not obliged to do so and may, in its absolute discretion, refuse to refund the cost of the ticket to you.

10.5 No Liability for Other Carriers
GSR is not liable for any connecting journeys on other carriers missed as a result of GSR's cancelled or delayed journey.

11. Guest Conduct

11.1 Denial of Boarding
GSR may deny you the right to board or may refuse to carry you or remove you from the train and may confiscate your ticket, without any liability on its part:

• for safety or security reasons, including your refusal to undergo a search or security check or to comply with any applicable law, regulation or order;
• because your identity is in doubt;
• because your ticket has not been paid for or has been reported lost or stolen or 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;
• Because you fail to comply with any direction of any crew member;
• Because you have not complied with GSR's directions on medical requirements;
• Because you are in a questionable physical, mental or medical state;
• Because you require special assistance;
• Because you may be endangered by travelling;
• Because you may cause discomfort to or be objectionable to other guests or may cause risk to yourself, others or property.

11.3 Your Undertakings
You undertake to comply with GSR's requirements and directions given during the journey by any means including the directions of any crew member and specifically undertake to NOT:

• stow Cabin Baggage under the seat in front of the guest or in the overhead racks;
• sleep in aisles or doorways;
• smoke in any area other than a designated smoking room;
• drink any alcohol other than that provided by GSR and then only in moderation; and
• behave offensively towards other guests.

12. Refunds

12.1 No Obligation
Subject to any term to the contrary, GSR is not obliged to refund the purchase price for your ticket.

12.2 Validity
Except where prohibited by restrictions on the type of fare paid for, GSR may refund you the price of a ticket or any unused portion of that ticket providing the ticket is valid and is surrendered in its entirety to GSR. Authorised agents are not able to give refunds.

12.3 Reasons for Refunds
GSR may, but is not obliged to, give a refund to you if GSR:
is unable to carry you and you had a confirmed reservation;
delays your journey to the extent that you had to cancel travel plans;
downgrades you from the class you paid for;
fails to stop at a station or destination specified on your ticket;
cancels a journey.

12.4 Amount of Refund
Except where prohibited by restrictions on the fare type, if a refund is granted, then GSR will refund you an amount equal to the fare paid (less any applicable fees) if no part of the ticket is used, or 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).

12.5 Recipient of Refund
The refund will be paid to the person who paid for the ticket or to the person named on the ticket.

12.6 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.

13. Miscellaneous Provisions

13.1 Governing Law
Wherever the ticket is issued, the ticket, and carriage or services supplied in relation to the ticket, are governed by the law in force in the State of South Australia.

13.2 Severability
If any term of this contract of the terms on the ticket fail to have all, some or any effect, or causes any other term to fail at all to have any effect, it shall be read down or severed to preserve the rest of these terms.

13.3 Personal Data
You acknowledge and authorise GSR to use and disclose your personal data for any purpose reasonably associated with GSR's business or as required by law.

13.4 Money on Trust
Payment received for tickets issued to you by an authorised agent of GSR is received in trust for GSR. GSR does not receive the money as agent for any other operator.