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

Please read this Agreement carefully before you accept.  It contains important terms you should be aware of.  We draw your attention to:

1. clause 3 (Variations) which sets out how we may amend this Agreement;
2. clause 4 (Membership) which sets out important information about your Membership, including whether you can cancel your Membership and whether your Membership automatically renews;
3. clauses 11 (Guests and Guest Passes) and 12 (Pet Passes and Assistance Animals) which provide that you will indemnify us for harm suffered by reason of the conduct of your Guests and/or Pets;
4. clause 15 (Your Obligations) requires you to comply with this Agreement and our Conditions of Carriage and to indemnify us for any harm suffered by you failing to do so;
5. clause 18 (Liability) which sets out exclusions and limitations to our Liability under this Agreement including our Liability to You;
6. clause 19 (Termination) which sets out when we may terminate this Agreement; and
7. our privacy policy (on our website) which sets out how we will handle your Personal Information.

1. Engagement and Term

1. This Agreement applies in addition to the Black Jet Terms of Use, available here https://blackjet.au/legal (Terms of Use), where you hold a Membership in accordance with the Terms of Use and this Agreement. To the extent of inconsistency between this Agreement and the Terms of Use, this Agreement prevails.
2. This Agreement applies from when you purchase a Membership on our Platform in accordance with the Terms of Use until it is terminated by either party in accordance with the terms of this Agreement (Term).
3. To the extent permitted by Law, if any provision of this Agreement is void, illegal, invalid or unenforceable in any jurisdiction, this Agreement will be read down to the extent necessary to ensure it is not void, illegal, invalid or unenforceable in that jurisdiction, without invalidating the remaining Agreement or affecting its validity or enforceability in any other jurisdiction.
4. Nothing in this Agreement excludes or restricts the application of any limits on our Liability under any relevant statutes including the Civil Aviation (Carriers’ Liability) Act 1959 (Cth) or any applicable Conventions.
5. In order to be carried on our Flights, you must read and agree to our Conditions of Carriage.  A copy of the Conditions of Carriage is provided with this Agreement and in entering into this Agreement you agree that you have read the Conditions of Carriage and agree to be bound by them.  The Conditions of Carriage may be updated from time to time and when that occurs, we will provide the amended Conditions of Carriage to you and publish them on our website at https://blackjet.au/legal.  If there is any inconsistency between this Agreement and the Conditions of Carriage, the Conditions of Carriage will prevail to the extent of the inconsistency.

2. Services

1. In consideration of your payment of the Membership Fees, you will gain access to your Membership in accordance with this Agreement and we will provide Services to you in accordance with this Agreement and the Conditions of Carriage.
2. Where the Service to be provided to you includes carriage on a 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.
3. 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 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 make the Booking to your Account.

4. 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 this Agreement, or by Law.
5. 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).  Where you miss your Flight as a result of failing to arrive on time this will be treated as a cancellation with less than 12 hours’ notice under clause 13(f).
6. Bookings for carriage on 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 and may also immediately terminate this Agreement.
7. The size and type of aircraft used to operate our Flights and the facilities available limit the nature of any special assistance we can provide to passengers.  It is very important that if you require special assistance to travel, you contact us to confirm the assistance can be provided before purchasing your Membership or booking a Flight.

3. Variations

1. We may amend this Agreement at any time, by providing written notice to you. By clicking “Acknowledge” or continuing to use our Platform for a period of 30 days after notification, (or if both occurs, by whichever occurs earlier), you agree to the amended Agreement. If you do not agree to the amendment, you may close your Account and cancel your Membership with effect from the date of the change in this Agreement by providing written notice to us.
2. If you cancel your Membership:

1. you will no longer be able to access our Services (including our Platform) on and from the last day of the month during which you gave notice of cancellation;
2. Membership Fees paid to us for the Billing Cycle during which the Membership is cancelled will be retained by us; and
3. at the end of the current Billing Cycle, your Membership will not be automatically renewed and you will not be billed for further Membership Fees unless you later reinstate your Membership.

4. Membership

During the Term, you will be billed for the Membership Fees on a monthly basis.  Membership Fees for each month are due on the first day of that month and cover the period from the first day of the month to the last day of the month.  (Billing Cycle).

5. Membership Tiers

1. The Memberships we offer will be set out on our Platform, including details of each Membership’s features and limitations, Membership Fees, Verification Fees and Membership Periods. A reference to $ or dollars on our Platform refers to the currency of Australia from time to time. All Memberships come with the option of booking carriage on an unlimited number of our Flights during the Membership Period, subject to the terms and conditions in this Membership Agreement and the Conditions of Carriage.  Members and/or Guests will not be carried on our Flights without a valid, current Booking made in accordance with the terms and conditions set out in this Agreement.
2. Your Membership can be upgraded or downgraded at any time through your Account. Any changes to your Membership will take effect from the beginning of the next Billing Cycle.
3. Your Membership is non-transferable.
4. You will be billed for any Membership Fees due on the first day of each month and you agree to pay the fees on the day you are billed.  The payment methods we accept are set out on our Platform and may be varied from time to time. If you choose to pay your Membership Fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out on our Platform).  
5. You must not pay, or attempt to pay, any Membership Fees by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting this Agreement, you authorise our nominated third-party payment processor to debit your bank account in accordance with your chosen Membership in accordance with the Billing Cycle, and you confirm that you are either the holder or an authorised signatory of that bank account. It is your responsibility to ensure that there are adequate funds available to allow any direct debit to be processed.  You can withdraw your authorisation for us and/or our provider to process any direct debit at any time via the “payments” section of our Platform.

6. Termination

Your Membership continues for the Term. At the end of each Billing Cycle, provided you have paid all Membership Fees owing, your Membership will be automatically renewed for recurring monthly periods. If you wish to terminate your Membership, you may do so through your Account. Your cancellation will take effect at the end of the Billing Cycle during which you give notice, and your Membership will not be renewed (meaning you will need to continue paying all Membership Fees due up until your current Billing Cycle ends).

7. Late Payments

If any Membership Fees are not paid on time, including by reason of a failure of a direct debit payment amount which is not rectified within 5 days, your access to our Services (including booking of or carriage on Flights and access to our Platform) will be suspended until all Membership Fees are paid up to date.

8. Membership Fee Increases

We reserve the right to increase the Membership Fees by providing at least 14 days’ written notice to you. If you do not agree to the Membership Fees increase, you may terminate your Membership in accordance with clause 6. Where you terminate your Membership due to a fee increase, you will not be charged the increase fee rate and will pay your previous rate until the termination of your Billing Cycle.

9. Refunds

Memberships purchased during the pre-order phase that remain inactivated are fully refundable. To request a refund, please contact us at [email protected].  At any other time, once a Membership Fee is paid for the month, it is non-refundable, unless the Australian Consumer Law requires the provision of a refund and the right to a refund cannot be excluded by Agreement.

10. Reusable Bookings

1. You must use a Reusable Booking ticket to make a Booking and you will not be carried on our Flights in the event that you have not made a Booking using a Reusable Booking.
2. You may only book the number of Flights which corresponds with the number of Reusable Bookings you hold under your Account at any one time.
3. A Reusable Booking must be made to book carriage for the holder of the Membership and cannot be transferred to any other person.
4. The Reusable Booking ticket will be returned to your Account following the completion of the Flight.

11. Guests and Guest Passes

1. You may book carriage on our Flights for a Guest who will accompany you on a Flight using a Guest Pass.  If you do not have a Guest Pass, you cannot book carriage for a Guest and your Guest will not be carried on our Flights.
2. Each singular Guest Pass applies to each singular Flight only. For the avoidance of any doubt, a Booking for a round trip with your Guest will require 2 Guest Passes.
3. You must accompany your Guest at all times and you agree and acknowledge that, to the maximum extent permitted by Law, you are solely responsible for your Guest and your Guest’s acts or omissions. You acknowledge and agree that you will provide a copy of this Agreement, the Conditions of Carriage and the Terms of Use to your Guest and will require your Guest to at all times will comply with this Agreement, the Terms of Use, the Conditions of Carriage and any other rules or policies you are required to comply with from time to time.  You agree to indemnify us for any damage or loss caused by your Guest breaching any obligation under this Agreement, the Conditions of Carriage or the Terms of Use.  
4. You may:

1. accrue Guest Passes based on the duration of your Membership, at a rate set out on our Platform from time to time; and
2. purchase Guest Passes through your Account, at our discretion and at a fee set out on our Platform.

5. Provided you maintain your Membership, any Guest Passes you hold will not expire.  If your Membership is cancelled or suspended for any reason, your Guest Passes will expire on the date the cancellation or suspension takes effect.  If your Membership is cancelled or suspended for any reason, no amount will be refunded for unused Guest Passes.  If you have purchased a Guest Pass, subject to any rights you may have under the Australian Consumer Law, the purchase price is non-refundable.
6. We allow infants more than 30 days old but less than 2 years of age to be held in lap by a guardian without needing a Guest Pass, provided a copy of a government issued proof of age for the infant (usually a Birth Certificate) is uploaded to our Platform and you have agreed to the Conditions of Carriage in your capacity as the legal guardian of the infant via our Platform at least 48 hours prior to departure.  The carriage of any infants is subject to this Agreement, the Conditions of Carriage, and for the avoidance of doubt, all limits of our Liability contained in the Conditions of Carriage.  We may refuse to carry your infant if we refuse to carry you for any reason or if we reasonably believe that carrying your infant may put the safety of the aircraft or the safety or health of any person on the aircraft at risk for any reason.
7. We may refuse to carry your Guest if any of the following circumstances have occurred or we reasonably believe they will occur:

1. you do not have a Guest Pass for the Guest;
2. the Guest has not verified their identity at least 48 hours prior to departure through our Platform and/or has not agreed to the Conditions of Carriage;
3. you or your Guest fail to comply with this Agreement, the Conditions of Carriage or any Law, or if carrying the Guest will breach a Law or order of a country to which you are travelling to or departing from;
4. if carrying your Guest may put the safety of the aircraft or the safety or health of any person in the aircraft in danger or at risk;
5. if your Guest has refused to allow a security check to be carried out on them or their baggage;
6. if your Guest has acted in an aggressive or inappropriate manner towards our ground staff or a member of the aircraft crew or other passengers or has made any threat to our ground staff, crew or other passengers;
7. if you or your Guest have not obeyed the instructions of our ground staff or a member of the aircraft crew in respect of any safety or security matter; or
8. if we refuse to carry you for any reason set out elsewhere in this Agreement.

12. Pet Passes and Assistance Animals

1. You may bring an animal trained to assist a person with a disability, being either a guide dog, hearing dog or assistance dog (Assistance Animal) (or 2 if they are from the same Pet Family) on our Flights if:

1. you have a disability which requires you to travel with an Assistance Animal;
2. you ensure that you hold and are able to produce current identity documents for the Assistance Animal such as an identity card issued by Assistance Dogs International;
3. the Assistance Animal is at all times on the Flight wearing a harness identifying it as a Service Animal;
4. if the Assistance Animal weighs over 9kg, a seat has been reserved for the Assistance Animal using a Pet Pass;
5. if the Assistance Animal weighs over 9kg, the Assistance Animal is placed on a moisture absorbent seat cover on its reserved seat and is secured in a way that prevents it from moving from the seat during Flight; and
6. if the Assistance Animal weighs less than 9kg, the Assistance Animal is held and secured in the lap of the Member for the duration of the Flight.

2. If you have a Pet Pass, you may bring one dog or one cat (Pet) or one Pet Family with you on a Flight to sit on an adjacent seat using the Pet Pass, subject to the remainder of this clause 12.
3. The Pet or Pet Family will only be allowed to travel with you on the Flight if:

1. a Booking is made for the Pet or Pet Family on the Flight at least 48 hours prior to departure and the Booking has been confirmed by us;
2. we have not received any objections to the carriage of the Pet or Pet Family from other passengers on the Flight;  
3. the Pet weighs less than 35kg or the Pet Family has a combined weight of less than 35kg;
4. if the Pet or Pet Family weighs less than 9kg in total, the Pet or Pet Family is held and secured in the lap of the Member for the duration of the Flight; and
5. If the Pet or Pet Family weighs more than 9kg in total, the Pet or Pet Family is placed on a moisture absorbent seat cover and is secured on the booked seat in a way that prevents it from moving from the seat during flight.

4. Where an Assistance Animal or a Pet or Pet Family is brought on a Flight, you agree to indemnify us for any damage or loss caused by your Pet, Pet Family or Assistance Animal during the Flight including but not limited to any damage to the aircraft, damage or loss suffered by a passenger or crew member, injury to a passenger or crew member, damage to any property including property belonging to a passenger or crew and any Consequential Loss howsoever arising.  
5. For safety reasons, a maximum of one Assistance Animal, Pet or Pet Family is allowed on each Flight and priority will be allocated to the Assistance Animal, Pet or Pet Family whose carriage was booked first.  Once an Assistance Animal, Pet or Pet Family has been booked for carriage on a Flight, our booking Platform will not allow further Bookings for Pets, Pet Families or Assistance Animals to be made for that Flight.  
6. You may purchase a Pet Pass through your Account at any time, at a fee set out on the Platform.
7. Provided you maintain your Membership, any Pet Pass you hold will not expire. If your Membership is cancelled or suspended for any reason, your Pet Passes will expire on the date the cancellation or suspension takes effect. If your Membership is cancelled or suspended for any reason, no amount will be refunded for unused Pet Passes.  If you have purchased a Pet Pass, subject to any right you may have under the Australian Consumer Law, the purchase price is non-refundable.  
8. We may refuse to carry your Pet, Pet Family or Assistance Animal if any of the following circumstances have occurred or we reasonably believe they will occur:

1. the animal weighs over 9kg and you do not have a Pet Pass;
2. 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;
3. carrying your Pet or Assistance Animal may put the safety of the aircraft or the safety or health of any person in the aircraft in danger or at risk;
4. the Pet or Assistance Animal has acted in an aggressive manner towards our ground staff or a member of the aircraft crew or other passengers;
5. 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; or
6. we reasonably consider that carrying your Pet or Assistance Animal may present a health or safety risk to you or other passengers.

9. Flights where Pets or Pet Families will be carried will be shown on our Platform as ‘Pet on Board’, where you book travel on Flights with the ‘Pet on Board’ notation, you agree to the carriage of a Pet or Pet Family on board the booked Flight.
10. If you are booked on our Flights and another member makes a Booking for a Pet or Pet Family after your Booking has been confirmed, we will notify you of the Pet or Pet Family Booking via a push notification and you will have 60 minutes to object to the Pet or Pet Family travelling on the Flight.  If you do not object to the Pet or Pet Family travelling on the Flight, you agree to the carriage of a Pet or Pet Family on board the booked Flight.

13. Booking, Cancellation and Rescheduling

1. You may make, update, cancel or reschedule a Booking through your Account.
2. Where you cancel or reschedule a Booking at least 24 hours before a Flight, the Reusable Booking used for that Flight will be returned to your Account.
3. Where you cancel or reschedule a Booking with less than 24 hours’ notice, we will hold any Reusable Booking, Guest Pass and/or Pet Pass (Passes) used in that Booking.  If you apply the appropriate number of Reset Vouchers to those Passes, we will release each of the Passes subject to the Reset Voucher/s and the Passes will become available to use on your Account once the Reset Voucher/s are applied to that cancelled or rescheduled Booking.  If you do not apply Reset Voucher/s to the Passes within 60 days of the date of the original Booking, the Passes will lapse and will not be able to be used.
4. You may:

1. accrue Reset Vouchers based on the duration of your Membership, at a rate set out on our Platform from time to time; and
2. purchase Reset Vouchers through your Account at any time, at a fee set out on the Platform.

5. Where you cancel or reschedule a Booking with less than 24 hours’ notice but at least 12 hours’ notice before a Flight, one (1) Reset Voucher will need to be applied to reinstate the Reusable Booking, Guest Pass or Pet Pass.
6. Where you cancel or reschedule a Booking with less than 12 hours’ notice before a Flight, two (2) Reset Vouchers will need to be applied to reinstate the Reusable Booking, Guest Pass or Pet Pass.
7. Provided you maintain your Membership, any Reset Vouchers you hold will not expire.  If your Membership is cancelled or suspended for any reason, your Reset Vouchers will expire on the date the cancellation or suspension takes effect.  If your Membership is cancelled or suspended for any reason, no amount will be refunded for unused Reset Vouchers.  If you have purchased a Reset Voucher, subject to any rights you may have under the Australian Consumer Law, the purchase price is non-refundable.

14. Identity verification

1. 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).
2. We reserve the right to cancel your Membership and provide a pro-rata refund for any Membership Fees paid for the remainder of that Billing Cycle if:

1. you fail the identity verification process set out in this clause 14 and we are unable to verify your identity;
2. the identification verification process shows that you are on a sanctioned list, have been convicted of any criminal offence (excluding traffic offences), have been blacklisted by or refused carriage by any airline or air carrier for any reason related to safety;
3. we discover that you have bypassed or tampered with the identity verification process in any way; or
4. you do not maintain accurate information on your Account.

3. We reserve the right to conduct any background check on you and you agree to assist us in doing so. If you do not consent to any background check, we may cancel your Membership.

15. Your Obligations

1. You agree to (and to the extent applicable, ensure that your Personnel and/or Guests agree to):

1. comply with this Agreement, the Conditions of Carriage, the Terms of Use, any other policies or rules we provide to you from time to time, any Law, and our reasonable requests;
2. provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services; and
3. not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent (except as permitted under clause 11).

2. You agree to indemnify us for all loss or damage suffered, including Consequential Loss, as a result of you failing to comply with this clause 15.

16. Privacy

We agree to handle any Personal Information you provide to us in accordance with our Privacy Policy, available on our website.

17. 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.  
2. Subject to your Consumer Law Rights:

1. we provide all material, work and services (including the 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 this Agreement; and
2. Passes are not refundable for change of mind and your accrued Passes will expire if you cancel your Membership;

3. This clause 17 will survive the termination or expiry of this Agreement.

18. 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 the provision of the Services, with this Agreement or with carriage on a Flight;

2. to the extent any Liability is not excluded under this clause 18(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. you are responsible for any Liability caused by your Guest or Pet;

4. any Liability we have arising under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other party to mitigate its loss;

5. (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and

6. 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) (and complimentary 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. Any exclusion or limitation of our Liability as set out in this Agreement shall apply to and be for the benefit of our agents, directors, 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.

4. 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;

3. 3 days in the case of damage to or loss or destruction of cabin baggage after the carriage of the passenger.

5. 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.

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.

7. This clause 18 will survive the termination or expiry of this Agreement.

19. Suspension and Termination

1. You may cancel your Membership in accordance with clause 6.

2. We may suspend your access to our Services at any time at our discretion including where we reasonably believe there has been any breach of this Agreement or unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform and Membership). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.  If the matter is resolved, we will refund you a pro rata portion of your Membership Fee equivalent to the fee payable during the period of the suspension.  

3. We may terminate this Agreement (meaning you will lose access to our Services, including access to your Account, and any Membership will be cancelled) if:

1. you fail to pay your Membership Fees when they are due;

2. you breach this Agreement including the Conditions of Carriage or any Law;

3. you refuse to allow a security check to be carried out on you or your baggage;

4. you breach this Agreement and that breach cannot be remedied;

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 before, during or after a Flight;

6. you have failed to obey an instruction of our ground staff or member of the aircraft crew;

7. you have been convicted of a criminal offence other than a traffic offence; or

8. you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

4. You may terminate this Agreement if:

1. we breach this Agreement and do not remedy that breach within 14 days of you notifying us of that breach; or

2. we breach this Agreement and that breach cannot be remedied.

If you have paid Membership Fees upfront, you will be issued a pro-rata refund of any unused Membership Fees based on the portion of the then-current Membership Period remaining.

5. You may also terminate this Agreement at any time by notifying us through your Account or to our email for notices (as set out in clause 6), and if you have a Membership, termination will take effect at the end of your current Membership Period.

6. Upon termination of this Agreement, we will retain Your Data (including copies) in accordance with our Privacy Policy.

7. Termination of this Agreement will not affect any other rights or liabilities that we or you may have.

20. Assignment of Debt

You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with this Agreement, to a debt collector, debt collection agency, or other third party.

21. Disputes

A Party may not commence court proceedings relating to any dispute arising from, or in connection with, this Agreement (Dispute) without first meeting a representative of the other Party within 30 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.

22. Entire Agreement

Subject to your Consumer Law Rights, this Agreement contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in this Agreement, and this Agreement supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

23. Force Majeure

1. Neither Party will be liable for any delay or failure to perform their respective obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

1. as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and

2. uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

2. Where the Force Majeure Event prevents a Party from performing a material obligation under this Agreement for a period in excess of 60 days, then the other Party may by notice terminate this Agreement, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under this Agreement.

24. Governing Law

This Agreement is governed by the Laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

25. Notices

Any notice given under this Agreement must be in writing addressed to the addresses set out in this Agreement, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

26. Relationship of Parties

This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

27. Subcontracting

We may subcontract the provision of any part of the Services without your prior written consent. We agree that any subcontracting does not discharge us from any Liability under this Agreement and that we are liable for the acts and omissions of our subcontractor.

28. Definitions

In this Agreement, unless the context otherwise requires otherwise, words importing the singular include the plural and vice versa:

Account means your account accessible on our Platform.

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 17(a).

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.

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.

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.

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.

Pet Family means one or two Pets that live in the same household and do not exceed a combined weight of 35kg.

Pet Pass means a pass to bring a Pet to accompany you on a Flight, in accordance with clause 12.

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

Reset Voucher means a voucher that you apply to release your Passes from being held by us where you cancel or reschedule a Booking with less than 24 hours notice.

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

Services means providing access to the Membership Platform and the opportunity to book carriage on Flights operated by us in accordance with your Membership Conditions, including where applicable, seats for Guests and Pets.

Verification Fees means the fees you pay us to perform a Know Your Customer identity verification check under clause 14.