Departure Pets Domestic Pet Transport Services Agreement | Terms and Conditions:
These Terms and Conditions ("Agreement") govern the supply of domestic pet transport and associated services by Departure Pets Pty Ltd (ABN 76 634 563 465) ("Departure Pets", "we", "us" or "our") to the person or entity acquiring those services ("Client", "you" or "your").
This Agreement forms a legally binding contract between Departure Pets and the Client in relation to all domestic pet transport services and any ancillary services arranged or supplied by Departure Pets.
By submitting a Booking Form, accepting a Quote, authorising Departure Pets to proceed, making payment, or otherwise requesting or accepting any Services, you acknowledge that you have read, understood and agree to be bound by this Agreement.
This Agreement applies to all Services provided by Departure Pets, including services performed by our employees, contractors, agents and Third-Party Providers acting on our behalf.
No employee, contractor, consultant or agent of Departure Pets has authority to amend, waive or vary any provision of this Agreement unless such variation is expressly approved in writing by an authorised representative of Departure Pets.
Where any inconsistency exists between this Agreement and any quotation, itinerary, email, marketing material, verbal communication or other document, this Agreement will prevail unless Departure Pets expressly agrees otherwise in writing.
Nothing in this Agreement excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under the Australian Consumer Law or any other applicable legislation.
DEFINITIONS:
For the purposes of this Agreement, unless the context otherwise requires:
- Additional Charges means any amount payable by the Client in addition to the original Quote, including but not limited to additional freight charges, airline fees, emergency welfare services, rebooking costs, crate replacement costs, boarding fees, handling charges and any Third-Party Provider costs.
- Agreement means these Terms and Conditions, together with any Quote, Booking Confirmation, Itinerary and any document expressly incorporated by reference.
- Airline means any commercial airline or air cargo carrier engaged to transport a Pet as part of the Services.
- AWB means the Air Waybill number issued by an Airline for a particular booking.
- Booking means a request by the Client for Departure Pets to provide Services.
- Booking Confirmation means written confirmation issued by Departure Pets confirming that the requested Services have been secured.
- Booking Form means the online form completed by the Client requesting the Services and accepting the quote.
- Business Day means any day other than a Saturday, Sunday, Victorian public holiday or Australian national public holiday.
- Business Hours means 9:00am to 5:00pm (Melbourne, Victoria time) on a Business Day unless otherwise notified by Departure Pets.
- Carrier means any Airline, transport company or other entity responsible for transporting the Pet.
- Client means the person or entity requesting the Services and includes any Sender, Receiver, owner or person authorised to act on their behalf.
- Collection means collection of the Pet from the nominated collection location.
- Delivery means delivery of the Pet to the nominated destination.
- Fees means all amounts payable by the Client under this Agreement, including the quoted price, Additional Charges, airline charges, Third-Party Provider charges and applicable taxes.
- Force Majeure means any circumstance beyond the reasonable control of a party including, without limitation, severe weather, natural disasters, government action, biosecurity restrictions, industrial action, Airline operational decisions, system failures, security incidents, transport disruptions or any event preventing performance of the Services.
- Itinerary means the written travel documentation issued by Departure Pets containing transport instructions, travel details, collection information and release information, including any amended itinerary issued by Departure Pets.
- Payment Method on File means the credit card, debit card or other payment method provided by the Client and authorised for payment of Fees under this Agreement.
- Pet means the animal or animals the subject of the Services.
- Quote means the written quotation issued by Departure Pets setting out the estimated Fees for the requested Services.
- Receiver means the person authorised to collect or accept delivery of the Pet at the destination.
- Sender means the person presenting the Pet for transport.
- Services means all domestic pet transport services supplied or arranged by Departure Pets, including but not limited to airline bookings, crate supply, crate hire, collection, delivery, boarding arrangements, comfort stops, documentation
assistance, welfare services and transport coordination. - Third-Party Provider means any person or entity engaged in connection with the Services that is not employed by Departure Pets, including Airlines, cargo terminals, boarding facilities, veterinarians, ground handlers, freight
operators, transport providers and regional agents. - Transport Date means the scheduled date on which the Pet is intended to commence transport.
- Welfare Services means any service reasonably provided by Departure Pets to protect the health, welfare or safety of a Pet, including boarding, veterinary treatment, crate replacement, cleaning, comfort stops, feeding, watering,
emergency transport or rebooking.
CONTRACT FORMATION AND ACCEPTANCE
A Quote constitutes an invitation to treat only and does not constitute an offer capable of acceptance.
A Booking does not become binding upon Departure Pets merely because a Booking Form has been submitted or payment has been made.
A legally binding contract is formed only when Departure Pets issues a Booking Confirmation confirming that the requested Services have been secured.
The Client acknowledges that all Airline bookings remain subject to Airline acceptance, operational requirements, aircraft availability, weather conditions, biosecurity requirements and any other applicable operational or regulatory restrictions.
Departure Pets reserves the right to decline any Booking at its absolute discretion prior to issuing a Booking Confirmation.
By proceeding with a Booking, the Client warrants that they:
(a) are the lawful owner of the Pet, or are otherwise authorised by the owner to enter into this Agreement and arrange the Services;
(b) have authority to arrange transport of the Pet;
(c) have provided complete, accurate and current information to Departure Pets relating to:
i) the Pet's breed;
ii) age;
iii) weight;
iv) measurements;
v) sex;
vi) reproductive status;
vii) medical history;
viii) behavioural history;
ix) travel requirements; and
x) any other information relevant to the Services; and
(d) will promptly notify Departure Pets of any change that may affect the Services.
QUOTATION VALIDITY
1.1 Unless otherwise stated in writing, each Quote issued by Departure Pets remains valid for thirty (30) calendar days from the date of issue.
1.2 A Quote is prepared solely on the information provided by the Client at the time of enquiry, including (without limitation): the Pet's breed; pets age; pet weight; pet measurements; crate dimensions (where applicable); collection and delivery locations; requested travel dates (where specified); and any additional Services requested.
1.3 The Client warrants that all information supplied for the purpose of obtaining a Quote is complete, accurate and current.
1.4 Departure Pets is entitled to rely upon the information provided by the Client when preparing a Quote and arranging the Services.
1.5 Quotes are based upon airline freight rates, supplier pricing, operational costs and Third-Party Provider charges applicable at the time the Quote is prepared.
1.6 Airline freight charges, fuel surcharges, security charges, supplier costs, government charges and other Third-Party Provider fees may change without notice. Where such changes occur after a Quote has been issued, Departure Pets reserves the right to amend the Fees accordingly.
1.7 The Client is responsible for carefully reviewing the Quote and notifying Departure Pets of any errors, omissions or discrepancies before submitting a Booking Form or otherwise authorising Departure Pets to proceed.
1.8 Submission of a Booking Form, written acceptance of a Quote, payment of any Fees or any instruction to proceed constitutes acceptance of:
(a) the Quote;
(b) the Services described within the Quote;
(c) the assumptions upon which the Quote has been prepared; and
(d) these Terms and Conditions.
1.9 Where the information used to prepare the Quote changes before or during the provision of the Services, including any change to the Pet's weight, dimensions, breed, crate requirements, routing or requested Services, Departure Pets reserves the right to:
(a) revise the Quote;
(b) charge Additional Charges;
(c) substitute a more suitable crate;
(d) amend transport arrangements;
(e) alter the proposed routing or travel date; or
(f) refuse transport where operational, welfare or airline requirements cannot be satisfied.
1.10 Acceptance of a Quote does not guarantee flight availability or constitute confirmation of the Booking. Bookings remain subject to clause 3 (Flight Availability) and are only confirmed upon issue of a Booking Confirmation by Departure Pets.
BOOKING FORM SUBMISSION
2.1 Submission of a Booking Form constitutes a request for Departure Pets to arrange the Services and does not, of itself:
(a) create a binding agreement;
(b) guarantee availability on the Client's preferred travel date;
(c) reserve airline capacity;
(d) generate an invoice; or
(e) authorise automatic payment processing.
2.2 Departure Pets may request additional information from the Client before accepting a Booking or confirming the Services.
2.3 Providing payment details within a Booking Form does not authorise Departure Pets to immediately process payment unless otherwise agreed in writing or expressly authorised under this Agreement.
2.4 Where a Client requests that Departure Pets secure flights or Services urgently, Departure Pets may request payment details as security pending confirmation of availability.
2.5 Departure Pets may process payment without further verbal confirmation where:
(a) the Client has authorised Departure Pets to proceed;
(b) flights or Services can be secured within the Client's requested parameters;
(c) reasonable attempts have been made to contact the Client; and
(d) delaying payment would likely result in loss of availability.
2.6 The Client authorises Departure Pets to charge the Payment Method on File for:
(a) the Fees payable for the confirmed Services;
(b) any Additional Charges authorised under this Agreement; and
(c) any reasonable costs incurred in protecting the welfare of the Pet or fulfilling the Services.
2.7 Booking Forms are processed during Business Hours only.
2.8 Whilst Departure Pets will endeavour to process Booking Forms as promptly as possible, Booking Forms submitted outside Business Hours, or after any published daily processing cut-off, may not be processed until the next Business Day.
2.9 Departure Pets accepts no liability where delays in submission, incomplete information, delayed responses from the Client or submissions received outside Business Hours result in reduced flight availability or inability to secure the requested Services.
FLIGHT AVAILABILITY
3.1 The Client acknowledges that live animal capacity on commercial aircraft is limited and remains subject to the operational requirements and discretion of the relevant Airline.
3.2 A Quote is prepared without reference to real-time flight availability. Airline capacity cannot be confirmed until Departure Pets acts on a booking form submission and reviews availability with the relevant Airline.
3.3 Discussion of potential flights during the quotation process is indicative only and does not constitute a reservation, guarantee or confirmation of availability.
3.4 A Booking is not officially confirmed until Departure Pets issues a Booking Confirmation in writing.
3.5 Departure Pets does not guarantee:
(a) availability on a particular flight;
(b) travel on a preferred date;
(c) a preferred routing;
(d) direct services; or
(e) transport within any requested timeframe.
3.6 The Client acknowledges that Airlines may, at any time and without prior notice:
(a) refuse acceptance of a Pet;
(b) reduce available live animal capacity;
(c) substitute aircraft;
(d) alter scheduled departure or arrival times;
(e) cancel, delay or reschedule flights;
(f) off-load a Pet after acceptance;
(g) impose embargoes or operational restrictions; or
(h) otherwise alter transport arrangements.
3.7 Departure Pets will use reasonable endeavours to secure the most appropriate alternative transport arrangements where disruption occurs. Any Additional Charges arising from revised travel arrangements remain payable by the Client unless otherwise agreed in writing.
3.8 Departure Pets is not liable for any loss, delay, inconvenience or additional expense arising from any Airline decision or operational requirement outside its reasonable control.
WEIGHT DISCREPANCIES AND MEASUREMENT VARIATIONS
4.1 All Quotes are based upon standard breed data, unless the Pet's weight, dimensions, breed and crate requirements are provided by the Client.
4.2 The Client warrants that all information relating to the Pet's weight and measurements is complete, accurate and current at the time the Booking is made.
4.3 Departure Pets reserves the right to verify the Pet's weight and dimensions at any stage prior to transport.
4.4 Where the Pet's actual weight exceeds the declared weight by more than two (2) kilograms, or where the Pet's measurements differ from those originally provided, Departure Pets may revise the Fees.
4.5 Additional Charges may arise due to, including but not limited to:
(a) increased airline freight charges;
(b) larger crate requirements;
(c) changes to aircraft type;
(d) revised routing;
(e) manual handling requirements;
(f) additional Airline charges;
(g) specialist equipment requirements; or
(h) any other operational consequence arising from the discrepancy.
4.6 The Client authorises Departure Pets to charge the Payment Method on File for all Additional Charges arising under this clause.
4.7 Where inaccurate information supplied by the Client results in:
(a) refusal of transport;
(b) off-loading;
(c) rebooking;
(d) replacement of a crate;
(e) missed connections;
(f) additional welfare services;
(g) boarding;
(h) transport delays; or
(i) additional Third-Party Provider charges,
the Client remains liable for all resulting costs.
4.8 Departure Pets is not liable for any delay, loss or additional expense arising from inaccurate or incomplete information supplied by the Client.
WEIGHT LIMITS AND HANDLING CONSTRAINTS
5.1 Departure Pets provides domestic pet transport services within the operational limitations imposed by Airlines, workplace health and safety requirements and animal welfare considerations.
5.2 Unless otherwise approved in writing by Departure Pets and the relevant Airline, Pets weighing between or more
than forty five (45) - fifty (50) kilograms (actual body weight) are not eligible for standard domestic air transport.
5.3 This limitation exists due to factors including, but not limited to:
(a) Airline loading limitations;
(b) aircraft weight restrictions;
(c) manual handling requirements;
(d) occupational health and safety obligations;
(e) crate construction requirements;
(f) airport ground handling limitations; and
(g) animal welfare considerations.
5.4 If a Pet is found to weigh between forty five (45) - fifty (50) kilograms or more at collection, weigh-in or Airline lodgement, Departure Pets or the Airline may immediately refuse transport.
5.5 Where transport is refused under clause 5.4:
(a) Departure Pets is not in breach of this Agreement;
(b) cancellation or rebooking fees may apply;
(c) Third-Party Provider costs remain payable; and
(d) any costs already incurred by Departure Pets remain payable by the Client.
5.6 In limited circumstances, Departure Pets may, at its absolute discretion, consider transporting Pets approaching or exceeding fifty (50) kilograms where:
(a) the matter has been discussed prior to Booking;
(b) written Airline approval has been obtained;
(c) suitable specialist handling arrangements are available;
(d) an appropriate crate has been approved;
(e) all welfare requirements are satisfied; and
(f) the Client accepts all Additional Charges.
5.7 Approval under clause 5.6 may require:
(a) specialist wooden crate construction;
(b) mechanical lifting equipment;
(c) two-person handling;
(d) alternative aircraft routing;
(e) specialist freight classifications;
(f) additional welfare assessments;
(g) indemnities; or
(h) any other requirement considered reasonably necessary by Departure Pets or the Airline.
5.8 Departure Pets reserves the absolute right to refuse transport where, in its reasonable opinion, the size, weight, behaviour or condition of the Pet presents an unacceptable operational, compliance, handling or welfare risk.
BOOKING AMENDMENTS
6.1 The Client may request amendments to a confirmed Booking by contacting Departure Pets during Business Hours.
6.2 All amendment requests are subject to Airline approval, Third-Party Provider availability and operational feasibility.
6.3 Departure Pets does not guarantee that a requested amendment can be accommodated.
6.4 A Booking amendment fee of $110.00 per Air Waybill (AWB) applies to all Booking amendments, together with any
Additional Charges incurred by Departure Pets or any Third-Party Provider.
6.5 Where an amendment is requested within three (3) Business Days of any scheduled Service (including, without
limitation, collection, delivery, boarding, Meet and Greet services or other pre-booked transport arrangements), any fees
already paid for those Services will be forfeited and are non-refundable. If those Services are required for the amended
Booking, they will be treated as new Services and charged again at the applicable rates.
6.6 Additional Charges may include, without limitation:
(a) revised Airline freight charges;
(b) collection or delivery charges;
(c) Meet and Greet services;
(d) Day Comfort Stops;
(e) Overnight Comfort Stops;
(f) boarding fees;
(g) crate hire or replacement;
(h) veterinary attendance;
(i) emergency handling services; and
(j) any fees charged by Third-Party Providers.
6.7 Where an amendment requires Departure Pets to perform additional work or arrange additional Services not included in the original Booking, the Client agrees to pay all resulting Fees before the amended Services are provided.
6.8 An amendment request does not cancel or suspend the original Booking unless confirmed in writing by Departure Pets.
BOOKING CANCELLATIONS
7.1 Cancellation requests must be submitted to Departure Pets in writing or via phone.
7.2 A Booking is not cancelled until Departure Pets confirms the cancellation in writing.
7.3 Where a confirmed Booking is cancelled three (3) Business Days or more before the commencement of Services (Flight or Collection), a cancellation fee of $170.00 per AWB will apply together with any costs already incurred by Departure Pets.
7.4 Where a confirmed Booking is cancelled less than three (3) Business Days before the commencement of Services (Flight or Collection), all Fees paid may be forfeited.
7.5 Collection and Delivery Services cancelled within three (3) Business Days of the Transport Date are non-refundable.
7.6 Where the Client fails to present the Pet for transport, arrives after the Airline's check-in cut-off, fails to satisfy Airline acceptance requirements, or otherwise causes the Booking to fail on the day of transport, all Fees paid may be forfeited.
7.7 Costs already incurred by Departure Pets prior to cancellation remain payable by the Client and may include, without limitation:
(a) Airline charges;
(b) Third-Party Provider charges;
(c) collection services;
(d) delivery services;
(e) boarding;
(f) comfort stops;
(g) crate purchases;
(h) crate hire;
(i) veterinary attendance; and
(j) administrative costs directly relating to the Booking.
7.8 Nothing in this clause limits any rights available to the Client under the Australian Consumer Law.
PAYMENT TERMS
8.1 Unless otherwise agreed in writing, full payment of all Fees is required before Departure Pets will confirm or provide the Services.
8.2 Departure Pets accepts payment by credit card, debit card and any other payment method approved by Departure Pets from time to time.
8.3 Bank transfer payments may only be accepted where the Transport Date is more than seven (7) Business Days after payment is made, allowing sufficient time for funds to clear before Services are confirmed.
8.4 Where the Transport Date is within seven (7) Business Days, payment must be made by card or another payment method approved by Departure Pets that provides immediate confirmation of cleared funds.
8.5 Where payment is to be made by a third party, the Client remains jointly and severally liable for all Fees if that third party fails to pay.
8.6 Departure Pets may require written confirmation, including a purchase order or written authority, before accepting payment from a third party.
8.7 The Client authorises Departure Pets to charge the Payment Method on File for:
(a) confirmed Services;
(b) Additional Charges authorised under this Agreement;
(c) emergency welfare costs;
(d) rebooking costs;
(e) Third-Party Provider charges reasonably incurred in performing the Services; and
(f) any other Fees payable under this Agreement.
8.8 Where payment cannot be successfully processed, Departure Pets may suspend or cancel the Booking without liability until payment has been received.
8.9 The Client is responsible for ensuring that the Payment Method on File remains valid and has sufficient available funds.
8.10 Card processing fees are charged by third-party payment providers and are non-refundable under all circumstances, except where required by law.
8.11 Departure Pets reserves the right to recover from the Client any reasonable costs incurred in recovering overdue amounts, including debt collection costs, legal costs and administrative expenses, to the extent permitted by law.
8.12 All Fees are stated in Australian Dollars (AUD) and include GST where applicable, unless otherwise stated.
REFUNDS
9.1 Any refund approved by Departure Pets will be processed within five (5) to seven (7) Business Days after the refund has been authorised.
9.2 Whether a refund is payable will depend upon:
(a) this Agreement;
(b) the circumstances giving rise to the request;
(c) any costs already incurred by Departure Pets;
(d) amounts paid to Third-Party Providers; and
(e) the Client's rights under the Australian Consumer Law.
9.3 Refund requests are assessed on a case-by-case basis.
9.4 Where Departure Pets has already paid Airline charges, Third-Party Provider charges or other non-recoverable expenses on behalf of the Client, those amounts may be deducted from any refund otherwise payable.
9.5 Card processing fees are non-refundable except where required by law.
9.6 Nothing in this clause excludes any refund entitlement available under the Australian Consumer Law.
BUSINESS HOURS AND PROCESSING
10.1 Departure Pets' standard Business Hours are 9:00am to 5:00pm (Melbourne, Victoria time), Monday to Friday, excluding Victorian and Australian national public holidays.
10.2 Unless otherwise agreed in writing, Bookings, amendments, cancellations, payment processing and general administrative requests are processed during Business Hours only.
10.3 Departure Pets will use reasonable endeavours to process requests as promptly as possible; however, processing times may vary depending upon operational workloads, Airline response times and Third-Party Provider availability.
10.4 Requests submitted outside Business Hours, including weekends and public holidays, will generally be processed on the next Business Day.
10.5 Departure Pets is not liable for any loss of flight availability, delay or additional costs arising because a Booking, amendment or request is submitted outside Business Hours.
10.6 Published booking cut-off times remain subject to change where required by Airline operational requirements or other circumstances outside the reasonable control of Departure Pets.
CRATES
Client/Owner Supplied Crates (Own Crates):
11.1 Where the Client elects to provide their own crate, the Client warrants that the crate complies with:
(a) all applicable Airline requirements;
(b) current IATA Live Animal Regulations;
(c) any specifications issued by Departure Pets; and
(d) all applicable animal welfare requirements.
11.2 The Client is solely responsible for ensuring that any Client-supplied crate is suitable, structurally sound and appropriately sized for the Pet.
11.3 Departure Pets may inspect any Client-supplied crate prior to transport but is under no obligation to do so.
11.4 Any inspection undertaken by Departure Pets does not constitute certification that the crate complies with Airline or regulatory requirements.
11.5 Departure Pets accepts no liability where a Client-supplied crate is:
(a) rejected by an Airline;
(b) deemed unsafe;
(c) incorrectly sized;
(d) damaged;
(e) structurally unsuitable; or
(f) otherwise non-compliant.
11.6 Where a Client-supplied crate is rejected, Departure Pets may, where reasonably practicable:
(a) provide a replacement crate;
(b) arrange an alternative crate;
(c) delay transport pending rectification; or
(d) cancel transport where no compliant alternative is available.
11.7 All costs arising from a non-compliant Client-supplied crate are payable by the Client.
Departure Pets Hire Crates:
11.8 All hire crates remain the property of Departure Pets at all times.
11.9 Hire crates must be returned in accordance with the instructions provided by Departure Pets.
11.10 The Client is responsible for any loss, theft, damage or destruction of a hire crate whilst it is in the possession or control of the Client or Receiver.
11.11 Where a hire crate is not returned, or is returned damaged beyond fair wear and tear, the Client must pay the replacement or repair cost upon demand.
11.12 Where Departure Pets arranges Collection, the hire crate will be provided by the collecting handler.
11.13 Where the Pet is collected directly from the destination airport, the hire crate must remain at the airport unless Departure Pets has expressly authorised otherwise.
Departure Pets Purchased Crates (New Crates):
11.14 Purchased crates become the property of the Client upon payment in full.
11.15 The Receiver is responsible for collecting and removing the purchased crate from the airport together with any belongings accompanying the Pet.
11.16 Where a return journey has been arranged, the Client acknowledges that the purchased crate is intended to be reused unless otherwise agreed by Departure Pets.
AIRLINE OPERATIONS AND TRANSPORT DISRUPTIONS
12.1 The Client acknowledges that Departure Pets does not own, operate or control any Airline or Third-Party Provider involved in the provision of the Services.
12.2 Transport may be delayed, altered or cancelled due to circumstances beyond the reasonable control of Departure Pets, including but not limited to:
(a) aircraft substitutions;
(b) engineering or mechanical issues;
(c) Air Traffic Control restrictions;
(d) airport operational requirements;
(e) security incidents;
(f) industrial action;
(g) Airline operational decisions;
(h) aircraft weight restrictions;
(i) reduced live animal capacity;
(j) passenger baggage prioritisation;
(k) incoming aircraft delays; or
(l) any other operational event affecting transport.
12.3 Departure Pets will communicate any disruption to the Client as soon as reasonably practicable after being notified by the relevant Airline or Third-Party Provider.
12.4 Departure Pets is reliant upon the information provided by the Airline and cannot guarantee when notification of a disruption will be received.
12.5 Where transport is disrupted, Departure Pets may, acting reasonably:
(a) rebook the Pet;
(b) arrange boarding;
(c) arrange a Comfort Stop;
(d) arrange collection from the Airline;
(e) provide Welfare Services; or
(f) otherwise take any action reasonably necessary to protect the welfare of the Pet.
12.6 Unless otherwise required by law, all reasonable costs associated with disruption management remain payable by the Client.
12.7 Departure Pets recommends that the Sender remains reasonably close to the departure airport until the Pet's flight has departed.
12.8 Where the Sender is unable to return promptly following an Airline disruption, Departure Pets may intervene to protect the welfare of the Pet and recover any resulting costs from the Client.
12.9 Departure Pets is not liable for any loss, delay, missed connection or consequential expense arising from any Airline operational decision outside its reasonable control.
WEATHER, TEMPERATURE EMBARGOES AND SEASONAL RESTRICTIONS
13.1 The Client acknowledges that all weather-related operational decisions affecting the transport of live animals are made solely by the relevant Airline in accordance with its animal welfare policies, operational procedures and safety requirements.
13.2 Departure Pets has no authority to override, influence or amend an Airline's weather-related operational decision.
13.3 Airlines may impose temporary or ongoing restrictions relating to the transport of live animals, including but not limited to:
(a) heat embargoes;
(b) cold weather embargoes;
(c) seasonal embargoes;
(d) airport-specific restrictions;
(e) route-specific restrictions;
(f) aircraft-specific limitations;
(g) time-of-day operating restrictions; and
(h) any other welfare or safety restriction considered necessary by the Airline.
13.4 Weather-related restrictions may apply at:
(a) the departure airport;
(b) the destination airport;
(c) any transit airport;
(d) any airport affecting the aircraft's operation; or
(e) any location considered relevant by the Airline.
13.5 The Client acknowledges that weather conditions may change rapidly and that an Airline may approve transport one day and subsequently refuse transport immediately prior to departure.
13.6 Where an Airline determines that transport cannot safely proceed due to weather or environmental conditions, Departure Pets will arrange alternative transport as soon as reasonably practicable, subject to Airline availability.
13.7 Where transport is delayed due to weather restrictions, Departure Pets may arrange Welfare Services including:
(a) boarding;
(b) Comfort Stops;
(c) feeding and watering;
(d) veterinary attendance where reasonably required;
(e) collection from the Airline; or
(f) any other action reasonably necessary to protect the welfare of the Pet.
13.8 Unless otherwise required by law, all reasonable costs associated with weather-related disruptions remain payable by the Client.
13.9 Departure Pets will notify the Client of any weather-related disruption as soon as reasonably practicable after being advised by the relevant Airline.
13.10 Departure Pets cannot guarantee when notification will be received, as Airlines continually monitor weather conditions and may alter operational decisions at any time prior to departure.
13.11 The Client acknowledges that Airlines actively monitor temperatures throughout the transport process, including at the departure airport, destination airport and any transit airport.
13.12 In periods of elevated temperatures, Airlines implement additional operational procedures designed to minimise a Pet's exposure to outdoor conditions, including adjusting handling times and prioritising the loading and unloading of live animals.
13.13 The Client acknowledges that weather-related operational decisions are made in the interests of animal welfare and aviation safety and do not constitute a breach of this Agreement by Departure Pets.
PET ARRIVAL RELEASE EXPECTATIONS
14.1 In instances where a delivery service is not arranged, the Client is responsible for ensuring that the Pet is collected from the destination airport or other nominated collection point within the timeframe specified in the Itinerary.
14.2 Unless otherwise stated in writing, Pets should be collected within one (1) hour of flight arrival.
14.3 Where the Pet is not collected within the required timeframe, Departure Pets may, acting reasonably:
(a) arrange temporary boarding;
(b) arrange collection from the Airline;
(c) arrange Delivery;
(d) arrange Welfare Services; or
(e) take any other action reasonably necessary to protect the welfare of the Pet.
14.4 The Client remains liable for all Fees and Additional Charges arising from late collection.
14.5 Where Departure Pets is unable to contact the Client or Receiver following reasonable attempts, Departure Pets may take any action reasonably necessary to ensure the ongoing welfare and safety of the Pet.
14.6 Where a Pet remains uncollected for an unreasonable period, Departure Pets reserves the right to contact the relevant animal welfare authority or any other appropriate authority where required by law or reasonably necessary to protect the welfare of the Pet.
EMERGENCY WELFARE SERVICES
15.1 The Client authorises Departure Pets to take any action reasonably necessary to protect the health, welfare or safety of the Pet where circumstances arise during the provision of the Services.
15.2 Such action may include, without limitation:
(a) emergency boarding;
(b) Comfort Stops;
(c) feeding or watering;
(d) cleaning of crates;
(e) crate replacement;
(f) veterinary assessment or treatment;
(g) collection from an Airline;
(h) re-lodgement;
(i) transport rebooking; or
(j) any other Welfare Service reasonably required.
15.3 Where Departure Pets provides emergency Welfare Services, a minimum Emergency Welfare Service Fee of $110.00 may apply, together with any additional costs incurred.
15.4 Where a Client-supplied crate is rejected and Departure Pets is required to urgently provide or deliver a replacement crate, a minimum Emergency Welfare Service Fee of $110.00 applies in addition to the cost of the replacement crate.
15.5 Where transport is delayed, cancelled or otherwise disrupted and Departure Pets is required to intervene on behalf of the Client, a minimum Emergency Welfare Service Fee of $110.00 may apply.
15.6 Where the Client cannot be contacted and immediate action is reasonably required to protect the welfare of the Pet, the Client irrevocably authorises Departure Pets to:
(a) make all reasonable decisions necessary to protect the Pet;
(b) engage Third-Party Providers;
(c) incur reasonable costs on the Client's behalf; and
(d) charge the Payment Method on File for all resulting Fees.
15.7 Departure Pets will make reasonable attempts to contact the Client before incurring significant expenditure where circumstances reasonably permit. However, the welfare of the Pet will always take priority where urgent action is required.
PERSONAL ITEMS
16.1 The Client is responsible for ensuring that only items approved by Departure Pets or the relevant Airline accompany the Pet during transport.
16.2 Departure Pets strongly recommends that personal belongings, including collars, leads, harnesses, blankets, toys, bowls, food containers and other non-essential items, are not transported with the Pet unless specifically required or recommended by Departure Pets.
16.3 Where personal items accompany a Pet, they do so entirely at the Client's risk.
16.4 Departure Pets accepts no liability for the loss, theft, damage, delay or misplacement of personal items whilst they are in the possession of:
(a) an Airline;
(b) a cargo terminal;
(c) a boarding facility;
(d) a Third-Party Provider;
(e) a regional agent; or
(f) any other person involved in the provision of the Services.
16.5 Departure Pets is not liable for the replacement cost or sentimental value of any personal item transported with a Pet.
AFTER HOURS CONTACT
17.1 Departure Pets maintains an After Hours Contact Number for genuine in-transit emergencies occurring outside Business Hours.
17.2 The After Hours Contact Number is provided solely for matters requiring immediate attention relating to the welfare, safety or transport of a Pet that is actively in transit.
17.3 The After Hours Contact Number must not be used for:
(a) new booking enquiries;
(b) quotation requests;
(c) payment enquiries;
(d) booking amendments;
(e) general transport advice; or
(f) any other non-urgent administrative matter.
17.4 Clients are requested to send a text message outlining the nature of the emergency before calling wherever reasonably practicable.
17.5 Departure Pets reserves the right not to answer or return calls where the matter disclosed is not reasonably considered to be an in-transit emergency.
17.6 The availability of the After Hours Contact Number does not extend Departure Pets' Business Hours or create an obligation to process bookings, amendments, cancellations or administrative requests outside Business Hours.
17.7 The After Hours Contact Number is accessible only via the mobile telephone number provided in Departure Pets' after-hours voicemail message and, where applicable, within the Client's travel documentation. Clients are responsible
for ensuring they use the correct After Hours Contact Number when attempting to report an in-transit emergency.
17.8 For the purposes of this Agreement, a reasonable attempt to contact Departure Pets outside Business Hours consists of:
(a) sending a text message to the After Hours Contact Number outlining the nature of the emergency; and/or
(b) calling the After Hours Contact Number.
Messages left on Departure Pets' business landline voicemail, emails sent to Departure Pets, online enquiries, social media messages or any other communication channels are not considered reasonable attempts to obtain after-hours assistance.
17.9 Where the Client fails to make reasonable efforts to contact Departure Pets using the designated After Hours Contact Number in accordance with clause 17.8, Departure Pets will not be responsible for any delay, loss, additional costs or other consequences arising because the matter was not brought to our attention through the appropriate afterhours communication channel.
THIRD PARTY PROVIDERS
18.1 Departure Pets coordinates and arranges the Services on behalf of the Client and, in doing so, engages a range of independent Third-Party Providers.
18.2 Third-Party Providers may include, without limitation:
(a) Airlines;
(b) cargo terminals;
(c) boarding facilities;
(d) veterinarians;
(e) transport providers;
(f) freight handlers;
(g) regional agents; and
(h) government authorities.
18.3 The Client acknowledges that all Third-Party Providers operate independently of Departure Pets and are not employees, agents or representatives of Departure Pets unless expressly stated otherwise.
18.4 Departure Pets is not responsible for operational decisions, actions or omissions of any Third-Party Provider, including any decision relating to:
(a) acceptance or refusal of transport;
(b) flight scheduling;
(c) delays;
(d) cancellations;
(e) off-loading;
(f) boarding;
(g) veterinary treatment;
(h) cargo handling; or
(i) any operational requirement outside the reasonable control of Departure Pets.
18.5 Departure Pets will use reasonable endeavours to coordinate the Services and assist the Client where disruption occurs, however Departure Pets cannot guarantee the performance of any Third-Party Provider.
18.6 Fees charged by Departure Pets relate to the coordination and provision of the Services and are separate from charges imposed by Third-Party Providers.
18.7 Where a Third-Party Provider imposes additional charges, those charges remain payable by the Client unless otherwise agreed in writing.
TASMANIA BIOSECURITY REQUIREMENTS
19.1 The Client is solely responsible for ensuring that all biosecurity requirements applicable to entry into Tasmania have been satisfied before transport.
19.2 Where required by Tasmanian legislation, dogs over twelve (12) weeks of age must have been treated with praziquantel at a dose rate of 5 mg/kg body weight within fourteen (14) days before entry to Tasmania.
19.3 The Client must provide evidence of treatment at time of pet check-in; in a form acceptable to the relevant authorities, which may include:
(a) An official statement/certificate by a vet
(b) a statutory declaration; or
(c) Purchase receipt (dated within fourteen (14) days of flight departure) and the Empty Pill Packet.
19.4 Departure Pets will provide the relevant Tasmanian Biosecurity Declaration with the Client's Itinerary where applicable.
19.5 The Client is responsible for ensuring that all required documentation accompanies the Pet and is provided to Airline staff or government authorities where required.
19.6 Departure Pets accepts no liability where transport is delayed, refused or cancelled due to the Client's failure to comply with Tasmanian biosecurity requirements.
VETERINARY REQUIREMENTS
Fit to Fly Certificates
20.1 Where required by an Airline or Departure Pets, the Client must obtain a valid Fit to Fly Certificate before transport.
20.2 Unless otherwise advised, a Fit to Fly Certificate is required for:
(a) Pets under twelve (12) weeks of age; and
(b) Pets aged twelve (12) years or older.
(c) Pets that have a known medical condition, injury, illness or are undergoing ongoing treatment
20.3 Fit to Fly Certificates must:
(a) be issued by a registered veterinarian;
(b) be current at the time of travel;
(c) clearly identify the Pet;
(d) confirm that the Pet is fit for air transport; and
(e) contain any additional information required by the relevant Airline.
20.4 Where a Fit to Fly Certificate is refused or indicates that the Pet is not fit for transport, Departure Pets may refuse transport.
20.5 Any rebooking, cancellation or additional costs arising from the outcome of a veterinary assessment remain payable by the Client.
Medical Conditions
20.6 The Client must disclose any known medical condition, injury, illness or ongoing treatment affecting the Pet before the Booking is confirmed.
20.7 Departure Pets may require additional veterinary documentation before accepting a Booking. 20.8 Failure to disclose a known medical condition may result in refusal of transport, cancellation of the Booking or additional charges.
MEDICATION
21.1 The Client must notify Departure Pets before travel if the Pet is receiving any medication.
21.2 Where requested by Departure Pets, the Client must complete the applicable Medication Indemnity Form before transport.
21.3 The Client must provide a letter from the treating veterinarian confirming:
(a) the medication prescribed;
(b) the active ingredient;
(c) the reason the medication has been prescribed;
(d) dosage instructions;
(e) possible side effects relevant to air transport; and
(f) any other information reasonably requested by Departure Pets or the Airline.
21.4 Departure Pets may decline to transport a Pet where adequate veterinary documentation has not been provided.
21.5 Acceptance of a Pet by Departure Pets does not guarantee acceptance by the Airline.
21.6 Final acceptance of any medicated Pet remains entirely at the discretion of the relevant Airline.
SEDATION
22.1 Departure Pets does not prescribe, recommend, administer or supply sedatives or other medications for the purpose of transport.
22.2 Where a Client elects to sedate a Pet, all decisions relating to sedation must be made solely between the Client and the Client's treating veterinarian.
22.3 Any sedative administered to a Pet must:
(a) be prescribed by a registered veterinarian;
(b) be administered strictly in accordance with the veterinarian's instructions; and
(c) be disclosed to Departure Pets before the Transport Date.
22.4 Where requested by Departure Pets or the relevant Airline, the Client must provide written confirmation from the treating veterinarian confirming:
(a) the medication prescribed;
(b) the dosage administered;
(c) the purpose of the medication;
(d) the anticipated effects of the medication; and
(e) that the veterinarian considers the Pet suitable for transport.
22.5 The Client acknowledges that administration of a sedative does not guarantee acceptance for transport.
22.6 The relevant Airline retains absolute discretion to refuse acceptance of any Pet that appears sedated, unwell or otherwise unsuitable for transport.
22.7 Departure Pets accepts no responsibility for any adverse event, injury, illness, deterioration or death arising from medication or sedation administered by the Client or the Client's veterinarian.
22.8 Where transport is refused because a Pet has been sedated, all rebooking fees, Airline charges, cancellation fees and any Additional Charges remain payable by the Client.
BRACHYCEPHALIC BREEDS
23.1 The Client acknowledges that brachycephalic (short-nosed) breeds are recognised as presenting an increased risk during air transport due to their anatomical characteristics and increased susceptibility to respiratory compromise, heat stress and other transport-related complications.
23.2 Departure Pets may impose additional requirements for brachycephalic breeds in accordance with Airline requirements, veterinary advice and animal welfare considerations.
23.3 Where required, the Client must obtain a current BOAS (Brachycephalic Obstructive Airway Syndrome) Assessment completed by a registered veterinarian.
23.4 Unless otherwise specified by the relevant Airline, BOAS Assessments must:
(a) be completed within the validity period required by the Airline;
(b) confirm that the Pet is suitable for air transport; and
(c) be provided to Departure Pets before travel.
23.5 The Client must also present any original documentation required by the Airline at the time of Airline check-in.
23.6 Departure Pets may refuse transport where:
(a) a required BOAS Assessment has not been provided;
(b) the assessment indicates the Pet is unsuitable for transport;
(c) the Airline refuses acceptance; or
(d) Departure Pets reasonably believes transport would present an unacceptable welfare risk.
23.7 Where transport cannot proceed because the Pet does not satisfy Airline or veterinary requirements, any applicable cancellation fees, rebooking fees and Additional Charges remain payable by the Client.
23.8 The Client acknowledges and accepts the increased risks associated with transporting brachycephalic breeds and agrees that Departure Pets is not liable for any injury, illness or death arising solely from those inherent breed-related risks, except where such liability cannot lawfully be excluded.
INDEMNITIES AND WAIVERS
24.1 Departure Pets may require the Client to execute an indemnity, waiver or declaration before providing the Services where Departure Pets reasonably considers additional risk exists.
24.2 Such documentation may be required including, but not limited to, where the Pet:
(a) is receiving medication;
(b) has been sedated;
(c) is a brachycephalic breed;
(d) has a known medical condition;
(e) is travelling under a vaccination declaration;
(f) is travelling in a shared crate;
(g) is elderly (12 years or older);
(h) is pregnant;
(i) has recently undergone surgery; or
(j) presents any other circumstance reasonably requiring additional acknowledgement by the Client.
24.3 Where Departure Pets requires an indemnity, waiver or declaration, the Client must complete and return the documentation before the Services will be provided.
24.4 Departure Pets may refuse transport where the required documentation has not been completed to its reasonable satisfaction.
24.5 Execution of an indemnity, waiver or declaration does not guarantee Airline acceptance and does not limit the Airline's ability to refuse transport.
BOARDING AND KENNELLING
25.1 Where boarding or kennelling is required as part of the Services, all boarding fees are payable by the Client.
25.2 Where boarding extends beyond the originally anticipated period due to delays, Airline disruption, regulatory requirements or any other circumstance, additional boarding fees remain payable by the Client.
25.3 Departure Pets may arrange boarding with an appropriately qualified Third-Party Provider.
25.4 Where veterinary treatment is reasonably required whilst a Pet is boarding or otherwise in the care of Departure Pets or a Third-Party Provider, Departure Pets may obtain veterinary treatment without prior approval where immediate action is reasonably necessary to protect the welfare of the Pet.
25.5 Departure Pets will make reasonable attempts to contact the Client before authorising non-urgent veterinary treatment.
25.6 Where the Client cannot be contacted and urgent veterinary treatment is required, the Client authorises Departure Pets to act in the best interests of the Pet.
25.7 All veterinary expenses, boarding fees and associated costs incurred under this clause remain payable by the Client.
25.8 Departure Pets reserves the right to refuse boarding or transport where a Pet:
(a) presents an unacceptable safety risk;
(b) displays aggressive behaviour;
(c) presents a biosecurity risk;
(d) is suffering from an infectious disease; or
(e) otherwise poses an unreasonable risk to people, other animals or property.
CONDITIONS OF BOARDING
26.1 Where a Pet is boarded in connection with the Services, the Client warrants that the Pet:
(a) is in good general health;
(b) is free from contagious disease to the best of the Client's knowledge;
(c) has received age-appropriate parasite prevention; and
(d) has received vaccinations appropriate for boarding facilities where required.
26.2 The Client authorises Departure Pets to obtain veterinary treatment where reasonably necessary during boarding.
26.3 The Client acknowledges that, despite reasonable precautions, boarding facilities cannot entirely eliminate the risk of exposure to infectious diseases or parasites.
26.4 Where parasite treatment, veterinary treatment or additional care becomes reasonably necessary during boarding, all associated costs remain payable by the Client.
26.5 Whilst Departure Pets will use reasonable endeavours to administer medication in accordance with the Client's instructions, Departure Pets is not liable where administration is unsuccessful due to the behaviour or temperament of the Pet.
LIABILITY
27.1 Departure Pets will provide the Services with due care and skill and in accordance with all applicable laws.
27.2 The Client acknowledges that the transportation of live animals involves inherent risks which cannot be entirely eliminated, including risks associated with air transport, weather conditions, operational disruptions, animal behaviour, illness and other unforeseen circumstances.
27.3 To the maximum extent permitted by law, Departure Pets is not liable for any delay, disruption, cancellation, refusal of transport, off-loading or other operational decision made by an Airline or Third-Party Provider.
27.4 Departure Pets is not liable for any loss arising from:
(a) inaccurate or incomplete information supplied by the Client;
(b) the Client's failure to comply with this Agreement;
(c) Airline or Third-Party Provider decisions;
(d) government or regulatory requirements;
(e) Force Majeure events;
(f) the inherent characteristics or behaviour of the Pet; or
(g) circumstances outside the reasonable control of Departure Pets.
27.5 To the maximum extent permitted by law, Departure Pets is not liable for any indirect, incidental, special or consequential loss, including but not limited to:
(a) travel expenses;
(b) accommodation costs;
(c) loss of income;
(d) business interruption;
(e) emotional distress;
(f) loss of opportunity; or
(g) any other consequential financial loss.
27.6 Nothing in this Agreement excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under the Australian Consumer Law or any other applicable legislation.
INSURANCE
28.1 The Client acknowledges that Pets travel entirely at the Client's risk, subject to Departure Pets' obligations under applicable law.
28.2 Departure Pets recommends that the Client obtains and maintains appropriate insurance covering the Pet throughout the provision of the Services.
28.3 Such insurance should include, where appropriate:
(a) illness;
(b) injury;
(c) death;
(d) emergency veterinary treatment;
(e) delays;
(f) transport disruption; and
(g) damage caused by the Pet to persons or property.
28.4 Unless expressly stated otherwise in writing, Departure Pets does not provide insurance for the Pet.
FORCE MAJEURE
29.1 Neither party will be liable for any delay or failure to perform its obligations under this Agreement (other than the Client's obligation to pay Fees already incurred) where such delay or failure results from a Force Majeure Event.
29.2 A Force Majeure Event includes any circumstance beyond a party's reasonable control, including but not limited to:
(a) severe weather;
(b) natural disasters;
(c) fire;
(d) flood;
(e) pandemic or epidemic;
(f) government action;
(g) biosecurity restrictions;
(h) industrial action;
(i) Airline operational decisions;
(j) airport closures;
(k) system outages;
(l) cyber security incidents;
(m) war;
(n) terrorism; or
(o) any similar event preventing performance of the Services.
29.3 Where a Force Majeure Event occurs, Departure Pets may suspend, delay, alter or cancel the Services without being in breach of this Agreement.
29.4 Departure Pets will use reasonable endeavours to resume the Services as soon as reasonably practicable following the cessation of the Force Majeure Event.
29.5 Where a Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate this Agreement by written notice.
PRIVACY
30.1 Departure Pets collects, stores, uses and discloses personal information in accordance with its Privacy Policy and applicable privacy legislation.
30.2 By providing personal information to Departure Pets, the Client consents to the collection, use and disclosure of that information for the purposes of:
(a) providing the Services;
(b) communicating with the Client;
(c) arranging transport;
(d) complying with legal obligations;
(e) engaging Third-Party Providers; and
(f) any purpose reasonably connected with the Services.
30.3 The current Privacy Policy is available on the Departure Pets website and forms part of this Agreement.
AUSTRALIAN CONSUMER LAW
31.1 Nothing contained in this Agreement excludes, restricts or modifies any guarantee, right or remedy conferred upon the Client by the Australian Consumer Law or any other law that cannot lawfully be excluded.
31.2 Where permitted by law, Departure Pets limits its liability in accordance with clause 27.
31.3 Where any provision of this Agreement is inconsistent with the Australian Consumer Law, that provision shall be read down only to the extent necessary to comply with the law, and the remainder of this Agreement will continue in full force and effect.
GOVERNING LAW
32.1 This Agreement is governed by the laws of the State of Victoria, Australia.
32.2 The parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria and any court competent to hear appeals from those courts.
GENERAL PROVISIONS
33.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, discussions, representations and agreements relating to the Services.
33.2 If any provision of this Agreement is held to be invalid, illegal or unenforceable, that provision shall be severed to the extent necessary and the remaining provisions will continue in full force and effect.
33.3 A failure or delay by Departure Pets to exercise any right under this Agreement does not constitute a waiver of that right.
33.4 Departure Pets may amend these Terms and Conditions from time to time. Any amendment will apply to Bookings made after the amended Terms and Conditions are published unless otherwise required by law.
33.5 The Client agrees that Departure Pets may provide notices, itineraries, invoices, quotations and other communications electronically.
33.6 Departure Pets may assign or subcontract any part of the Services without obtaining the Client's prior consent.
33.7 Any provision intended by its nature to survive termination of this Agreement, including payment obligations, indemnities, liability limitations and dispute resolution provisions, survives termination or completion of the Services.
CLIENT DECLARATION
34.1 By submitting a Booking Form, accepting a Quote, making payment or otherwise instructing Departure Pets to provide the Services, the Client declares and warrants that:
(a) they have read and understood this Agreement;
(b) they agree to be bound by its terms;
(c) all information supplied to Departure Pets is true, accurate and complete;
(d) they are authorised to arrange transport of the Pet;
(e) the Pet is lawfully owned or transported with the owner's authority;
(f) they have disclosed all information reasonably relevant to the Pet's transport; and
(g) they understand that Airline acceptance remains subject to Airline operational requirements.
CLIENT ACKNOWDLEGEMENT
35.1 The Client acknowledges that the transportation of live animals involves inherent risks and that, despite the exercise of reasonable care and skill by Departure Pets, certain circumstances are beyond the control of Departure Pets.
35.2 The Client acknowledges that Departure Pets coordinates the Services but does not own, operate, employ, supervise or control any Airline, cargo terminal, boarding facility, veterinarian, government authority or other Third-Party Provider involved in the transportation of the Pet, and is not responsible for decisions, acts or omissions made independently by those parties.
35.3 The Client acknowledges that all decisions relating to the acceptance, refusal, delay, cancellation, off-loading, routing, scheduling, aircraft allocation, embargoes and operational handling of live animals remain solely within the discretion of the relevant Airline or other Third-Party Provider and are beyond the control of Departure Pets.
35.4 The Client acknowledges that flight schedules, aircraft types, routes and operational requirements may change at any time before departure.
35.5 The Client acknowledges that weather conditions, temperature embargoes, seasonal restrictions and other operational limitations may delay, postpone or prevent transport and that such decisions are made in the interests of animal welfare and aviation safety.
35.6The Client acknowledges that the transportation of live animals cannot be conducted in a risk-free environment and that, despite the exercise of reasonable care and skill by Departure Pets, not every incident, injury, illness or adverse outcome can be prevented.
35.7 The Client acknowledges that live animals may experience inherent risks associated with transportation, including, without limitation, stress, anxiety, dehydration, motion-related injury, behavioural responses, deterioration of preexisting medical conditions, age-related health decline, breed-specific or individual health risks, illness, injury or death arising from circumstances beyond the reasonable control of Departure Pets, including turbulence, weather conditions, delays, operational requirements or the acts or omissions of Airlines or other Third-Party Providers.
35.8 The Client acknowledges that Departure Pets exercises reasonable care and skill in providing the Services but does not warrant or guarantee that the Pet will not suffer illness, injury, stress, deterioration in health or death where such outcome is not caused by the proven negligence, reckless conduct, wilful misconduct or unlawful act or omission of Departure Pets.
35.9 The Client acknowledges that Departure Pets cannot guarantee:
(a) transport on a preferred flight;
(b) transport on a preferred date;
(c) direct flights;
(d) preferred routing;
(e) exact collection or delivery times; or
(f) uninterrupted transport.
35.10 The Client acknowledges that additional Fees may become payable where circumstances arise outside the reasonable control of Departure Pets, including where additional Services are reasonably required to protect the welfare of the Pet.
35.11 The Client acknowledges that Departure Pets may take any reasonable action necessary to protect the health, safety or welfare of the Pet where immediate action is required and the Client cannot be contacted.
35.12 The Client acknowledges that failure to comply with this Agreement, Airline requirements or reasonable directions issued by Departure Pets may result in delays, refusal of transport, cancellation of the Booking or Additional Charges.
35.13 The Client acknowledges that all quotations, estimated travel times and proposed itineraries are based upon information available at the time they are prepared and remain subject to change.
35.14 The Client acknowledges that Departure Pets' primary consideration at all times is the safety, welfare and wellbeing of the Pet and that operational decisions may be made with those considerations taking priority over requested travel arrangements.
35.15 The Client acknowledges that communications relating to the Services may be provided electronically and accepts the risks associated with electronic communications, including delays outside the reasonable control of Departure Pets.
35.16The Client acknowledges that Departure Pets' obligation is to exercise reasonable care and skill in the provision of the Services and not to guarantee any particular transport outcome or that every risk inherent in the transportation of live animals can be eliminated.
35.17 The Client acknowledges that they have had the opportunity to read this Agreement, ask questions regarding its contents and obtain independent legal or other professional advice before accepting these Terms and Conditions.
35.18 The Client acknowledges that by submitting a Booking Form, accepting a Quote, making payment or otherwise instructing Departure Pets to provide the Services, they have read, understood and agree to be bound by this Agreement.
AIRLINE CONDITIONS OF CARRIAGE
36.1 The Client acknowledges that the relevant Airline's Conditions of Carriage apply in addition to this Agreement and may impose additional obligations or restrictions.
36.2 Where there is any inconsistency between an Airline's operational requirements and this Agreement, the Airline's operational requirements will prevail to the extent necessary to facilitate the transport of the Pet.
36.3 Current Airline Conditions of Carriage are available from the relevant Airline, including:
Virgin Australia Cargo
https://www.virginaustralia.com/au/en/travel-info/flying-with-us/cargo/conditions-carriage-cargo/
Qantas Freight
https://freight.qantas.com/au-en/conditions-of-carriage-domestic.html
