Motorail conditions of carriage

1. The Contract

1.1 Composition of Contract
Great Southern Railway Limited (ACN 079 476 949) agrees to carry your vehicle, 'Your Vehicle', on the terms and conditions set out here.

1.2 Inconsistency
In the event of any inconsistency between the terms and conditions set out here and the terms and conditions appearing anywhere else, the terms and conditions set out here will prevail.

1.3 Binding on Guest
The terms and conditions set out here 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.

2. Limited Liability

2.1 No Liability
Except as otherwise provided by the terms and conditions, and 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 Your Vehicle or any baggage or goods carried in or attached to Your Vehicle, 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 the provision or non-provision of any transport services;
2. GSR and its agents are not liable for any inaccuracy in any information concerning carriage of Your Vehicle, services, or their pricing;
3. GSR and its agents are not liable for any losses suffered by you or any claims made against GSR resulting from loss or damage to property or injury to persons caused or arising out of the carriage by GSR of Dangerous Goods whether or not declared by you.
4. GSR and its agents are not liable for any losses or damage caused by Your Vehicle being in an overloaded condition that affects the manufacturer's normal line of suspension.
5. GSR and its agents are not liable for any losses or damage caused by roof racks, weather shields, louvres and other accessories not being removed prior to loading.
6. GSR and its agents are not liable for any losses or damage caused to vehicles travelling at "Owner's Risk".
7. GSR and its agents are not liable for any losses or damage caused by or to Non Factory fitted accessories.

2.2 Resupply
Any liability of GSR for breach of any provision of or term implied by Division 2 of 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 and the ticket to the following sums:

• AUD $250.00 in respect of destruction, loss of or damage to Your Vehicle;
• AUD $100.00 in respect of destruction, loss of or damage to other baggage or goods carried in or attached to Your Vehicle, or such other sums as are prescribed.

2.4 Other Clauses
In this document, Clause 6.4 also applies to limit GSR's liability to you. You should take the time to read those clauses.

3. Carriage

Carriage shall commence when GSR takes possession of Your Vehicle. Carriage shall end when the Goods are tendered at the destination terminal. You must collect your vehicle by close of business on the day of arrival at the destination terminal.

4. Insurance

Because GSR's liability to you is limited, we recommend that you obtain transit insurance to cover:

• damage to Your Vehicle;
• damage to goods carried in or attached to Your Vehicle;
• loss of goods carried in or attached to Your Vehicle.

5. Condition of Your Vehicle

GSR may refuse to confirm your reservation or refuse to load Your Vehicle at any time if, in the opinion of GSR or its employees, directors, officers, servants, agents and contractors:

• Your Vehicle is in an unsafe condition;
• the carriage of Your Vehicle may result in damage to GSR property or to other vehicles;
• the physical characteristics and dimensions of Your Vehicle may result in or cause damage to Your Vehicle as a result of carriage.

6. Contents of Your Vehicle

6.1 Prohibited Items
Under no circumstances are you permitted to carry in Your Vehicle the following Prohibited Items:
knives, weapons and firearm 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); 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 fireworks and flares), flammables (such as paints, thinners, or petroleum products), oxidising materials (such as hydrogen peroxide), poisons (such as pesticides and herbicides), radioactive material unless they are packed or carried in accordance with all applicable laws and regulations; items prohibited by any applicable law, regulation or order; animals.
You indemnify GSR against all losses suffered and claims made against GSR resulting from loss or damage to property or injury to persons caused or arising out of the carriage by GSR of Prohibited Items whether or not declared by you.

6.2 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 Vehicle and its contents.

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

6.4 Additional Restrictions on items carried in or attached to Your Vehicle
Items carried in or attached to Your Vehicle 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;
• passports and other travel documents.

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 etc. unless you can show proof of insurance of those valuables.

7. Miscellaneous Provision

7.1 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.

7.2 Severability
If any term of this contract or 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 items.