Conditions of Carriage

Conditions of Carriage

Conditions of Carriage

​​Queensland Rail long distance tickets are issued subject to Queensland Rail's Conditions of Carriage.

​​1. The Contract of Carriage between the Operator and the Customer and for the Services provided arises upon receipt by the Customer of the Ticket which incorporates these terms and conditions.

DEFINITIONS

2. In these conditions the following definitions apply:

  • "Agent" means the entity who issues a Ticket on behalf of Queensland Rail.
  • "Carriage" means transportation by rail, road, sea, air or by any method of transport substituted by the Operator.
  • "Luggage" means the personal effects of the Customer which the Customer is allowed to take with him/her as part of the Carriage.
  • "Operator/s" or "Carrier" means the entity, including Queensland Rail, undertaking Carriage of the Customer (and the Customer's Luggage) or providing Services under to these conditions.
  • "Customer" means the person transported by the Operator.
  • "Queensland Rail" means Queensland Rail Limited trading as Queensland Rail and includes Queensland Rail subsidiaries and associated entities.
  • "Services" means those things made available by the Operator/s in addition to Carriage.
  • "Ticket" means the ticket issued to the Customer by the Operator for the Carriage and Services.
  • "Train" means the rollingstock or vehicles in which Carriage is undertaken and includes road vehicles and any other methods of transport.

GENERAL TERMS

3. The Ticket issued, and any Services provided, are subject to these conditions, any notices on the Ticket, and the fare and timetable information on the Queensland Rail website. 

4. The Ticket is not transferable. The Operator reserves the right to require satisfactory proof of identity from the Customer prior to the Customer boarding the Train or other means of transport. 

5. The Customer accepts the Ticket subject to these conditions, the Transport Operations (Passenger Transport) Act 1994 and the Transport Infrastructure Act 1994 and their regulations. 

6. The Customer must comply with all laws and regulations and with the instructions of the Operator and its employees. The Operator reserves the right to refuse carriage to any person who has acquired a Ticket in violation of any applicable law or the Operator's own rules and regulations. 

7. The Operator may without prior notice:

  • (a) refuse access, Carriage or onward Carriage to any Customer; or
  • (b) cancel the reservation of any Customer, if, the Operator believes, in its absolute discretion, that such action is
  • necessary for the protection of the Operator or of other Customers.

TRAVEL

8. Carriage is only available between the stations or places shown on the Ticket. The Operator may change the Stations, places or destinations without notice to the Customer and without being liable to the Customer for loss or costs caused by such change. 

9. Operators may without notice to the Customer substitute any Services or mode of Carriage to carry the Customer. These conditions apply to any substituted mode of Carriage or Services. If an operator substitutes services or mode of carriage, it will not be liable to the Customer for any costs or losses the Customer incurs in relation to this change.

10. The Customer acknowledges that if he/she arrives at a place other than the destination specified on the Ticket, the Operator will make reasonable efforts to place the Customer at the destination specified.

Despite this, the Operator is not obligated to ensure the Customer reaches that destination by any specific time or by the mode of Carriage stated in the Ticket.

11. The Customer must be ready to board the Train at the departure time by having, before this time, loaded all Luggage onto the Train and completed all procedures for checking in Luggage. The Operator is not obliged to delay the departure of a Train in order to allow a Customer who is late to board the Train. 

12. The Customer must leave the Train as soon as it has safely stopped at its destination and must remove all Luggage from the Train.

13. The Operator may need to make the following changes without notice to the Customer, and without liability for any costs orlosses the Customer incurs in relation to the change or changes:

  • (a) allocate seats, cabins, and berths as it thinks fit;
  • (b) vary any bookings; and
  • (c) transfer any Customer from any seats, cabins and berths to alternative ones.
14. The Customer acknowledges and agrees to the booking procedures and terms of travel for unaccompanied children, which are set out in the Queensland Rail Unaccompanied Children Process.

15. The Operator cannot guarantee connections with other transport companies, and are not responsible for any costs or expenses associated with missed connections. The Customer agrees to the terms of Queensland Rail's Connection Policy. For further information please review Queensland Rail's Connection Policy

16. The Customer acknowledges that the consumption of alcohol on Queensland Rail property and customer services is prohibited unless:

  • (a) The alcohol is supplied by Queensland Rail; and
  • (b) The alcohol is consumed at a place set aside by Queensland Rail for alcohol consumption.
    (c) The service of alcohol will be under the Queensland Rail House Policy on the Responsible Service of Alcohol.
17. The Customer acknowledges that smoking is prohibited on Trains, station platforms and any areas directed by the Operator. For the comfort of other passengers, smoking electronic cigarettes (also known as e-cigarettes, e-cigars, vape pens) is not permitted onboard the Queensland Rail Travel network services. They are also not allowed to be used on Travel Network Stations. 

ASSISTANCE ANIMALS

18. Customers travelling with guide, hearing or assistance animals must comply with:

  • (a) all relevant Commonwealth, State and Local Government legislation and regulations; and
  • (b) booking processes and policies of Queensland Rail for assistance animals, including having the assistance animal pre-approved by Queensland Rail (further details of the booking process and policies may be found here) otherwise Queensland Rail may refuse travel to such assistance animals.

CANCELLATION / MODIFICATION

19. The Ticket is valid only for the Carriage and/or Services stated on the Ticket. The Operator may impose a cancellation fee (which may be up to 100% of the fare) upon the Customer if the Customer at any time alters or cancels the Carriage or Services that causes the existing fare structure to become inapplicable.
               
20. The Operator issuing the Ticket may, in its absolute discretion, deduct a cancellation or modification fee from the value of the Ticket and/or make refunds to the Customer. 

21. The Ticket is valid only for the travel details confirmed at the time of issue. If changes in travel details are requested, the Customer must advise the Operator of the new details at the time of the change. If new travel details are not advised at the time of changing a ticket, then the transaction is to be treated as a cancellation with applicable fees deducted from the value of the Ticket. 

22. The Customer acknowledges and agrees to Queensland Rail's Disruptions Refund Policy. For further information please review Queensland Rail's Disruptions Refund Policy. 

23. The Customer acknowledges that industrial disputes, loading restrictions, inclement weather or other causes may require the Operators to cancel and/or delay the Carriage or Services booked by the Customer due to such causes. 

24. Except as provided by this clause, the Operator is not liable for:

  • (a) any loss or damage caused by any changes made to the allocation of seats, cabins or berths; or
  • (b) failure to carry the Customer on the Train; or
  • (c) any loss or damage consequential upon such changes or failure.

LUGGAGE

25. The Customer must not check in Luggage unless the Customer produces, at the same time, a valid Ticket. 

26. The Customer must not pack in Luggage any fragile or perishable articles, money, jewellery, precious metals, negotiable papers, securities, business documents or samples. 

27. The Customer must ensure that all Luggage is locked, properly packed and labelled. The Operator is not liable for any loss or damage caused by failure to comply with this provision. Labels on Luggage must show the Customer's name and destination address. 

28. The Operator may refuse to accept for Carriage Luggage which is in a defective state, shows signs of obvious damage, or is not properly labelled. 

29. Operators are not common carriers and may refuse to carry persons or Luggage without giving reasons. 

30. The Customer acknowledges the Operator has the right to conduct a reasonable search, or measure the weight, of the Customer's Luggage 

31. The Customer is prohibited from carrying or placing the following articles in his/her luggage:

  • (a) substances and articles the Carriage of which is prohibited in any state or territory through which the luggage is carried;
  • (b) things or items which cause damage or which are dangerous including (but not limited to) all firearms, explosives or inflammable substances or articles, oxidising, toxic, radioactive, corrosive or repugnant substances, poisons or substances liable to cause infections;
  • (c) live animals, insects, birds or fish;
  • (d) articles which the Operator considers are unsuitable for Carriage because of their weight, size or character;
  • (e) illegal narcotic substances other than prescribed drugs; or
  • (f) plants and plant material.
For further information please review Queensland Rail Travel's luggage policy 

32. The Carrier may refuse to carry any luggage which is not acceptable as Luggage as provided by this clause.

33. The Customer must collect his/her Luggage as soon as it is available for collection.
                
34. The Operator is not obliged to verify the person claiming the Luggage is the owner of it or is entitled to take delivery.

35. The Operator is not the carrier or the warehouseman of the Luggage.

36. The Customer may employ the services of porters at their own risk and expense. Trolleys and other equipment available for use at railway stations or destinations are not the property of the Operator and the Customer uses such trolleys and equipment at his/her own risk. The Carrier is not liable for any loss or damage to the Customer or the Customers Luggage caused by porters, trolleys or equipment at railway stations or destinations.

37. If assistance is given by a servant, agent or representative of the Operator to the Customer in respect of the Customer's Luggage, except in fulfilling the Operator's obligations under these terms and conditions , the servant, agent or representative is deemed to render such assistance on behalf of the Customer and the Operator is not liable for any loss or damage whether or not caused by the neglect or default of such servant, agent or representative.

38. All Luggage is carried at the Customer's own risk and the Operator is not liable for any loss of or any damage caused to such Luggage.

39. Any liability that the Operator has for Luggage is limited to $200. The Operator is not liable for Luggage delays.   

DISPUTES

40. The Customer agrees the onboard Passenger Services Supervisor of the Train has the authority to make a determination or settle any dispute between the Operator and the Customer during the Carriage.   

LIABILITY PROVISIONS   

41. The Operator is under no obligation or liability to the Customer or any person due to:

  • (a) any inaccuracy, error or misdescription contained in any travel or tour brochure; or
  • (b) any change in any Ticket price; or
  • (c) withdrawal or failure to provide Carriage or Service; or
  • (d) the loss or theft of this Ticket; or
  • (e) any costs or losses incurred by the Customer relating to diversion, substitution, alteration, cancellation or delay or from loss ​or delay of Luggage; or
  • (f) loss, damage or delay caused by or arising from riots, act of God, civil commotion, strikes, lock-outs, stoppages, industrial action; or
  • (g) loss or damage occurring due to any variation in the time of arrival or departure; or
  • (h) any other cause beyond the control of the Operator.
42. Except as otherwise provided by these terms and to the extent permitted by law:

  • (a) The Operator is not liable for death or personal injuries to the Customer except upon proof that such death or personal injuries were caused by the wrongful act or wilful neglect of the Operator (and to the extent that such liability cannot by law be excluded);
  • (b) The Operator is not liable for indirect or consequential loss.
43. All claims must be made in writing to the Operator at its head office within twenty-eight (28) days of the date of completion of the journey. A claim may only be made by a Customer who produces a Ticket or other proof satisfactory to the Operator of a right to bring an action against the Operator.

44. To the extent permitted by law, any liability of the Operator for breaches of any consumer guarantees of the Competition and Consumer Act 2010 (Cth) or equivalent state legislation will not exceed resupply.

45. Protection given by these conditions to an Agent or Operator extends to its servants, agents, representatives, related companies and independent contractors.

46. The Customer is responsible for any loss or damage caused to the Operator's property, servants, agents or representatives by anything done by the Customer or by any articles brought by him/her onto the Train.

47. The Customer indemnifies the Operator against any liability to other persons for any death, injury, damage or loss caused by the Customer or by any articles the Customer brings onto the Train.

48. All Services the Operator books with third parties (including but not limited to transportation Services not provided by the Operator, airline, hotel, transfer and porter services) are booked by the Operator as agent for the Customer. The Operator is not liable for any loss or damage caused to the Customer or the Customers Luggage in connection with Services provided by such third parties.

49. The Operator is not liable for loss or damage arising out of arrangements made between Customers and third parties or independent contractors in connection with Services that have been booked by the Operator including:

  • (a) Services, products or transportation provided in connection with inclusive holidays that are not under the operation and control of the Operator; and
  • (b) Services or products made available on board the Train administered by any doctor, dentist or other medical attendant.
50. The Customer acknowledges the Operator is not liable for personal injuries to the Customer after the Customer arrives at a destination. The Customer is responsible for their own safety, transportation and accommodation upon arriving at the destination

FARE

51. The Customer agrees the price of the Ticket must be paid in Australian dollars and the price of the Ticket is subject to change prior to the commencement of Carriage. The Operator may refuse Carriage to the Customer if any increase to the fare is not paid prior to Carriage. The price of the Ticket entitles the Customer to Carriage only and does not include other Services provided by the Operator unless otherwise stated.

PERSONAL INFORMATIO​​​N   

52. The Operator collects personal information about the Customer to provide products and services to the Customer, process the travel arrangements, undertake customer service feedback activities, and for security, administrative and legal purposes. If the information is not provided by the Customer, the Operator may not be able to provide the services requested.

53. For these purposes, the Customer authorise the Operator to retain the Customer's personal information and to disclose this personal information to our related companies, travel service providers, customer service representatives, organisations which provide services to the Operator, such as credit and other payment card companies, various law enforcement agencies and governments for security and emergency purposes. Where the information is used for the purposes of undertaking customer service feedback activities the Customer may 'opt out' by contacting Queensland Rail Travel and request that the Operator's customer service representatives do not contact you.

54. The Customer can gain access to the information the Operator holds and ask for correction of the personal information by contacting Queensland Rail Travel.

APPLICABLE LAW

55. These conditions may not be modified or waived by any entity other than Queensland Rail prior to the commencement of Carriage. No agent, servant or representative of the Operator has the authority to alter, modify or waive any of these conditions.

56. If any condition in this document is void, illegal, invalid or unenforceable, the condition is to be read down or severed to preserve the rest of these conditions.

57. Regardless of where the Ticket is issued, the Carriage or other Services to be supplied in accordance with these conditions are governed by the law of the State of Queensland.

The acceptance of rail bookings close off at thirty (30) minutes prior to the departure time at the boarding station so please ensure you plan ahead and book as early as possible.

At manned stations, luggage check in and ticket collection closes thirty (30) minutes prior to departure time.

This information is current as at 1 September 2016. Subject to change without notice.​

 

Accessibility policy or ask your consultant for more information.
Please advise any dietary requirements including diabetic, coeliac meals; allergies etc. to ensure the necessary arrangements are made before your arrival.

​​Policy Centre​​​​​​​