In this Agreement, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Black Jet Mobility Pty Ltd (ACN 656 996 244), Black Jet Aviation Pty Ltd (ACN 657 017 206) and Black Jet Holdings Pty Ltd (ACN 657 205 153). We and you are each a Party to this Agreement, and together, the Parties.

This Agreement forms our contract with you and sets out our obligations as a service provider and your obligations as a customer. You cannot use our Services or be carried on our Flights unless you agree to this Agreement.

Some capitalised words in this Agreement have defined meanings, and each time that word is used in this Agreement it has the same meaning. You can find a list of the defined words and their meaning at the end of this Agreement.

For questions about this Agreement, or to get in touch with us, please email: [email protected]

This Agreement was last updated on 28 January 2025 and applies to all Services and carriage on our Flights from 28 February 2025.

OUR DISCLOSURES

These Conditions of Carriage deal with important issues including when these Conditions of Carriage apply, important information about your health and safety, refusal of carriage on our Flights, delays and schedule disruptions and our Liability to you including limits of Liability.  Please read these Conditions of Carriage carefully.  If you have questions about these Conditions of Carriage you can contact us via email at [email protected]

These Conditions of Carriage contain important terms you should be aware of:

1. Clause 3 (Bookings and Flight Schedules) sets out the conditions you must comply with to be carried on a Flight and your entitlements where our Flights do not operate as scheduled;
2. Clause 5 (Privacy) says we need to collect your Personal Information so that we can provide services to you and that we will collect that information in accordance with our Privacy Policy;
3. Clause 7 (Liability) sets out the limitations on our Liability to you in the event of schedule changes, Flight cancellations, delays, death or injury on board our Flights and timeframes you need to comply with to make a claim; and
4. Clauses 8 (Health), 11 (Refusal of Carriage) and 16 (Searches) set out the circumstances in which we can refuse you carriage on our Flights.

1. Application

1. These Conditions of Carriage apply to carriage on Flights operated by Black Jet Aviation Pty Ltd (ACN 657 017 206) or booked via our Platform or via any Booking process with  Black Jet Holdings Pty Ltd  Black Jet Mobility Pty Ltd or any related company, including gratuitous carriage, reduced fare carriage and carriage booked as part of a Membership for which no separate fee was paid and in any case where we have a legal Liability to you in respect of a Flight.  For the avoidance of doubt, the Conditions of Carriage apply to persons being carried on our Flights who are not our Members, for example persons travelling on Guest Passes or as infants.  
2. In these conditions references to “we”, “us”, “our” or “Black Jet Aviation” mean Black Jet Aviation Pty Ltd, Black Jet Holdings Pty Ltd, Black Jet Mobility Pty Limited or any subsidiary or related company.  
3. In addition to these Conditions of Carriage, Carriage on our Flights is also subject to applicable Laws, including the Australian Consumer Law, our Membership Agreement (if you are a Member) and any additional directions issued by us.

2. Alteration of Conditions of Carriage

1. No employee or agent of ours is authorised to alter or modify these Conditions of Carriage.
2. To the extent permitted by Law, if any provision of these Conditions of Carriage is void, unenforceable, invalid or illegal, that provision is to be read down to the extent required to ensure it is not void, unenforceable, invalid or illegal without invalidating the remaining Conditions of Carriage.

3. Bookings and Flight Schedules

1. Bookings may only be made by members via our Platform and the terms of Bookings are subject to our Membership Agreement.  
2. In order to be carried on our Flights you must:

1. have made or be named in a valid Booking in conformance with the conditions contained in our Membership Agreement, including a Booking as a Member, infant or Guest;
2. have verified your identity at least 48 hours to the scheduled time of departure;
3. accept these Conditions of Carriage at least 48 hours prior to departure; and
4. comply with all other requirements set out in these Conditions of Carriage.

3. Where you are booked for carriage on our Flight, we will use all reasonable endeavours to carry you and your baggage in accordance with our Flight schedule, but times shown in timetables or our Platform are not guaranteed. Flight schedules are subject to change for a range of reasons, including but not limited to bad weather, air traffic control delays, technical disruptions and late inbound aircraft. If you have provided us with your contact details, then we will use reasonable endeavours to notify you about any scheduled Flight changes. However, we do not guarantee that we will be able to contact you so, prior to the day of your Flight, you should check that the Flight times have not changed.
4. If, due to circumstances beyond our control, we cancel or delay a Flight, we will, at your option:

1. carry you on the next available scheduled service to the same destination on which a sufficient seats for your Booking are available, if you still wish to travel; or
2. return the Reusable Booking and any Passes that had been used to the account of the Member who made the Booking.

5. We will not be responsible for paying any other costs or expenses you may incur or for any other Liability incurred as a result of the delay or cancellation unless provided for in these Conditions of Carriage, or by Law.
6. It is your responsibility to check Flight departure times and arrive in time for departure, and except as otherwise provided by Law, such as the Australian Consumer Law, we will not be liable to you for any losses that you may incur if you fail to do so (including where you miss your Flight as a result of not checking these matters).  
7. Bookings for carriage on our Flights are not transferable and we have no obligation to provide any carriage or services to you unless you produce a valid proof of identify satisfactory to us when boarding a Flight.  If we discover a person attempting to travel on your Booking is not you, we will refuse to carry that person.  
8. If you are not a Member, you may only travel when accompanied by the Member who made the Booking for your carriage.  We will not carry you if you are not accompanied by the Member who booked your carriage.

4. Identity verification

You acknowledge and agree that your identity must be verified before you can book a Flight, through a process set out on our Platform (and through a third party service).

5. Privacy

We will need to collect Personal Information from you to carry you on our Flights.  Any Personal Information you provide to us will be collected and handled in accordance with our Privacy Policy, available on our website.

6. Australian Consumer Law

1. Certain legislation, including the Australian Consumer Law, and similar consumer protection Laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at Law, nothing in this Agreement excludes those Consumer Law Rights.  Where the Australian Consumer Law applies and we fail to provide services in accordance with guarantees imposed by that law, you may have a right to seek remedies from us.
2. Subject to your Consumer Law Rights, we provide all material, work and services to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at Law or on any other basis, except where expressly set out in these Conditions of Carriage.
3. In respect of services acquired for business purposes and not as a consumer, to the extent permitted under the Australian Consumer Law or any Fair Trading Act:

1. consumer guarantees and warranties will not apply where these Conditions of Carriage apply, provided the relevant terms can be excluded at Law; and
2. Liability for a breach of the guarantee or warranty is limited to supplying the services again or the paying the cost of having the services supplied again.

7. Liability

1. Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law:  

1. we exclude all Liability for any loss, damage, cost, expense or arising from any claim whatsoever that may arise in any way in connection with your carriage by us on a Flight;
2. to the extent any Liability is not excluded under this clause 7(a), and subject to the Australian Consumer Law, our Liability is limited to proven compensatory damages and we exclude all Liability for Consequential Losses;
3. any Liability we have arising to you will be reduced proportionately to the extent the relevant Liability was caused or contributed to by your acts or omissions, including any failure to mitigate your loss; and
4. our aggregate Liability for any Liability arising from or in connection with this Agreement, the provision of Services or your carriage or non-carriage on a Flight will be limited to the Membership Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates.  

2. Our Liability for your bodily injury or death caused by an accident on board an aircraft or during embarkation or disembarkation during domestic carriage is governed by the Civil Aviation (Carriers’ Liability) Act 1959 (Cth) (which may be applied by state legislation) and is limited to AUD 925,000.  Recoverable damages may be reduced as a result of any contributory negligence by you.  Your right to claim damages will expire if court proceedings are not brought within two years from the date of your arrival at the destination or the date the aircraft should have arrived.
3. Our Liability for loss or damage to baggage during carriage is limited to AUD 300 per passenger for cabin baggage and AUD 3,000 for checked baggage. Any claim for loss of or damage to baggage must be made in writing to us within the following timeframes:

1. 3 days in the case of damage to or loss or destruction of part only of an item of checked baggage or cabin baggage, after date of receipt of the baggage or remainder of the item;
2. 21 days in the case of loss or destruction of the whole of an item of checked baggage from the date that the checked baggage should have been placed at your disposal; or
3. 3 days in the case of damage to or loss or destruction of cabin baggage after the carriage of the passenger.

4. No action will lie against us if a complaint is not received in writing by us within the applicable timeframe above, except in the case of fraud.
5. Any exclusion or limitation of our Liability as set out in these Conditions of Carriage shall apply to and be for the benefit of our agents, directors, officers, employees and representatives and any carrier and its agents and representatives whose aircraft we use for carriage. The exclusion or limitation of Liability shall also extend to related companies and independent contractors, in consideration for the provision of their services directly or indirectly to you.
6. Additional protection can usually be obtained by purchasing insurance from an insurance company.  Such insurance may not be affected by limits of Liability under this Agreement.  For further information, please consult your insurance company representative.

8. Health

1. If you are suffering from any illness, disease or other condition which may make it unsafe for you or other passengers if you fly, you must inform us prior to your travel, and if we, acting reasonably, consider that it may not be safe for you, or other passengers, if you fly, we may refuse to carry you.
2. Passengers may be subject to pre-flight screening to determine fitness for travel. This may include thermal temperature testing, completion of questionnaires or other measures as advised by the relevant Health Authorities, including the World Health Organisation or government agencies such as the Australian Department of Foreign Affairs and Trade (http://www.smartraveller.gov.au).
3. Prolonged immobility may be a risk factor in the formation of clots in the legs, known as DVT, according to some studies. If you feel you may be at risk from DVT or other health problems, consult with your doctor before travel.
4. We do not represent that travel is safe for you at any particular point during pregnancy. If you are pregnant, you must seek advice from your own medical practitioner prior to your Flight as to whether it is safe for you to fly and whether you need medical clearance due to the nature of your pregnancy and the length of your Flight.  If you are more than 28 weeks pregnant, we will not permit you to fly without a written medical clearance from a qualified medical practitioner who has examined you in person.  
5. If a public health emergency is announced by any government or the World Health Organisation or a medical emergency arises, we may be required to take action including cancelling, diverting or delaying Flights or carrying out screening of passengers prior to Flights including requiring evidence of vaccinations or other health documentation.

9. Special Assistance

If you require special assistance due to your having limited mobility, for example, or there is another reason why you require special assistance, you must notify us prior to making a Booking to discuss the arrangements that may be required. We will not refuse to carry you provided you have fully informed us of any special requirements at the time of making the Booking; you have complied with any reasonable requests we may have (including complying with our Terms of Use and we have agreed to provide the special assistance).

10. Dress standards

For all Flights, you must be dressed reasonably in clean, presentable clothing suitable for public attire. You must not wear clothing displaying offensive language or symbols. It is a requirement on all our Flights that suitable footwear is worn.

11. Refusal of carriage

1. We are not a common carrier and may refuse to carry you and your baggage if any of the following circumstances have occurred or we reasonably believe will occur:

1. You do not appear to have all necessary documents or identification, having not made a Booking, have not paid your Membership Fees up to date, are not travelling with the Member who made your Booking, have not checked in on time or have not arrived on time;
2. You are under the influence of alcohol or drugs;
3. You fail to comply with these Conditions of Carriage or any Law or if carrying you will breach a Law or order of a country to which you are travelling or departing from;
4. carrying you or your baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger or at risk;
5. You have acted in an aggressive or inappropriate manner towards our ground staff or a member of the aircraft crew or have made any threat to our ground staff, aircraft crew or other passengers;
6. You have not obeyed the instructions of our ground staff or a member of the aircraft crew in respect of any safety or security matter;
7. We reasonably consider that carrying you may present a health or safety risk to you or other passengers;
8. You have refused to allow a security check to be carried out on you or your baggage; or
9. You require special assistance and you have not made prior arrangements with us for this.

12. Baggage limits and excess baggage

Cabin baggage is subject to a weight limit of 15kg per passenger and a size limit of 112 linear cm for total external dimensions (for example a standard backpack or briefcase of 40cm x 30cm x 15cm). Due to the operational limits of our aircraft, we may be unable to carry any baggage which exceeds these limits.  Any excess baggage which exceeds these limits is carried at our discretion and may be refused. If accepted by us, it will be subject to space availability and payment of any applicable charges and any request for excess baggage should be made at least 48 hours prior to the departure of your Flight.

13. Valuables, perishables and fragile items

1. If you are carrying valuable, perishable or fragile items, , including glassware, porcelain, medicine, computers, keys, items with a special value (such as money, jewellery, silverware, negotiable papers, securities or other valuable documents), cameras, electronic or electrical equipment or components (including tablets, electric toothbrushes), personal health, fitness, beauty or grooming devices, commercial goods, passports or other travel documents, you should keep those items in your cabin baggage under your care.
2. The limitations of Liability referred to in clause 7 will apply to claims for loss of or damage to any such items.

14. Prohibited items

1. We will not carry, and you must not include in your checked baggage or cabin baggage or otherwise try to bring on board the prohibited items set out at https://blackjet.au/legal
2. We reserve the right to open and inspect the contents of your checked baggage or cabin baggage before or during a Flight.
3. If we discover that you are carrying a prohibited item or items, we may do whatever we consider appropriate and reasonable in the circumstances, including disposing of the item.
4. If you are in doubt about any item that you propose to carry and whether it constitutes prohibited item, ask us in advance of your date of travel.
5. We reserve the right to determine what items are unsuitable and therefore prohibited for carriage.

15. Smoking, vaping, or e-cigarette use not permitted

In accordance with applicable Laws, smoking, vaping, or the use of, or charging of, e-cigarettes is not permitted on any of our Flights.

16. Searches

1. We or airport or government agency officers may require you to submit to clothing or body or baggage searches. If you refuse any such searches, we may refuse to carry you.
2. If any x-ray screening causes damage to your baggage, then except as otherwise provided by Law, we will not be liable for the damage unless it was caused by our negligence.  

17. Photography and video recording

1. You may not take photographs, record videos or record audio on board our Flights or during boarding of our Flights without the permission of the aircraft crew.  
2. We reserve the right to confiscate any recording device and to delete any photographs, video or audio recordings made in breach of this Agreement if you refuse to follow an instruction from the aircraft crew with respect to recording of images, video or sound.

18. Definitions

In these Conditions of Carriage unless the context otherwise requires otherwise, words importing the singular include the plural and vice versa:

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Booking means a reservation for a Flight.

Business Day means a day on which banks are open for general banking business in Sydney, New South Wales, New South Wales, excluding Saturdays, Sundays and public holidays.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us the Membership Fees will not constitute “Consequential Loss”.

Consumer Law Rights has the meaning given in clause 6.

Flight means a one-way air travel operation offered under our Services from a singular point of origin to a singular point of destination as specified on your ticket, assigned a particular Flight number or code by us.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Guest means an individual who does not hold a Membership with us.

Guest Pass means a voucher to bring a Guest to accompany you on a Flight, in accordance with clause 11 of the Membership Agreement.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with this Agreement or the supply of the Services.

Liability includes any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.

Member means a person who has a valid and current Membership with us purchased through our Platform.

Membership means the Membership plan you have chosen through our Platform, which you use to access certain features and benefits.

Membership Fees means the fees you pay to us to access your chosen Membership displayed on our Platform at the time of sign up.

Pass means a Reusable Booking, Guest Pass and/or Pet Pass.

Personal Information means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Platform means our cloud-based platform that we provide you with access to as part of the Services.

Reusable Booking means a ticket which allows you to reserve a Booking under your Membership.