Wunwing
I suggest you are grossly overstating the obligations of “Common Carrier” status to fit your argument. A common carrier is legally bound to carry all passengers or freight as long as there is enough space, the fee is paid, and no reasonable grounds to refuse to do so exist. A common carrier that unjustifiably refuses to carry a particular person or cargo may be sued for damages. I would contend Qantas have very “reasonable grounds” to refuse carnage to those on their “No Fly List”. It isn’t hard to prove a prior connection of all involved in this protest whether it be with the use of IT and looking at booking times, bank account details used, ISP etc, the use of security cameras in the terminal and the circumstantial evidence that he works for a “Social Justice Organisation” which he has admitted. Also by his own admission he said he became aware of the deportee from refugee advocates when he arrived at the airport. Why didn’t he tell check-in staff of his displeasure at check-in if he was so disturbed by it? Also irrespective of a passengers rights to get off a flight, if a passenger is ordered to sit down by a crew member and refuses, he/she has violated Federal Laws and can be prosecuted “if the Captain so wishes to pursue it”.
Qantas Conditions of Carriage
10. Refusal of Carriage and Denied Boarding
10.1 Refusal of Carriage
Even if you have a Ticket and a confirmed reservation, we may refuse to carry you and your Baggage if any of the following circumstances have occurred or we reasonably believe will occur:
• if carrying you or your Baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger or at risk
• if you have used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft or otherwise behaved in a threatening manner
• if carrying you or your Baggage may materially affect the comfort of any person in the aircraft
• if carrying you will break government laws, regulations, orders or an immigration direction from a country to which you are travelling or are to depart from
• because you have refused to allow a security check to be carried out on you or your Baggage
• because you do not appear to have all necessary documents
• if you fail to comply with any applicable law, rule, regulation or order or these Conditions of Carriage
• if you fail to complete the check-in process by the Check-In Deadline or fail to arrive at the boarding gate on time
• because you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security
• because you have not complied with our medical requirements
• because you require special assistance and you have not made prior arrangements with us for this
• if you are drunk or under the influence of alcohol or drugs
• if you are, or we reasonably believe you are, in unlawful possession of drugs
• if your mental or physical state is a danger or risk to you, the aircraft or any person in it
• if you have committed a criminal offence during the check-in or boarding processes or on board the aircraft
• if you have deliberately interfered with a member of our ground staff or the crew of the aircraft carrying out their duties
• if you have put the safety of either the aircraft or any person in it in danger
• if you have made a threat
• because you have committed misconduct on a previous flight and we have reason to believe that such conduct may be repeated
• because you cannot prove you are the person specified on the Ticket on which you wish to travel
• because you are trying to use a Flight Coupon out of sequence without our agreement
• if you destroy your travel documents during the flight
• if you have refused to allow us to photocopy your travel documents
• if you have refused to give your travel documents to a member of Our ground staff or the crew of the aircraft when we have asked you to do so
• if we reasonably believe you will ask the relevant government authorities for permission to enter a country through which you are Ticketed as a transit Passenger
• because your Ticket:
- is not paid for
- has been reported lost or stolen
- has been transferred
- has been acquired unlawfully
- has been acquired from someone other than us or an Authorised Agent
- contains an alteration which has not been made by us or an Authorised Agent
- is spoiled, torn or damaged or has otherwise been tampered with, or
- is counterfeit or otherwise invalid.
In any of the situations in this 10.1, we may remove you from a flight, even after you have boarded, without any liability on our part, and cancel any subsequent flights on the Ticket.
11. Conduct During Flight
11.1 Obey Directions
To maximise passenger comfort, safety and security, you must comply with the following requirements, and all other reasonable directions of any crew member on your flight with us, when on board:
• stow Cabin Baggage under the seat in front of you or in the overhead lockers
• take care when you open overhead lockers, since Cabin Baggage may move during flight
• keep your seatbelt fastened when seated
• remain seated with your seatbelt securely fastened during turbulence
• stay seated as directed, in particular while the aircraft is moving on the tarmac
• do not smoke
• if you drink alcohol, drink only in moderation and only alcohol served on your flight with us as part of our inflight bar service
• use infant and child restraints as directed
• do not behave in a manner to which other passengers may reasonably object,
and
• if asked by a member of the crew acting reasonably, you must give your passport or other travel document to them for safe custody until the end of the flight.
We may also ask you not to operate any electronic devices including cellular telephones, laptop computers, recorders, radios, CD players, electronic games, laser products or transmitting devices, remote or radio controlled toys that could interfere with the flight. If you fail to comply with our requests, we may retain the device until the end of the flight. Hearing aids and heart pacemakers are permitted.