Terms of service

Effective 28 december 2015
  1. Scope of this Terms of Service Agreement

Scope. This Terms of Service Agreement (the “Terms of Service” or the “Terms”) sets forth the legal agreement between BAGMOTIONS S.L. (“Bagmotions”, “the Company” or “us”), and the customers of the services provided by the Company (the “Customer” or “you”). The Company is a Spanish company with seat in 08036-Barcelona (Spain), carrer Rosselló 184 3r, with Spanish Tax Number B-66663386, registered in the Commercial Registry of Barcelona at page [pendent].

Acceptance. Prior to contracting our service you must explicitly accept these Terms of Service. Please take a few minutes to read these Terms carefully before you accept them. If the booking was made on your behalf by a third party, your continued use of our services means you agree with the terms.

Effectivity. The Company may change or amend these Terms at any moment, without notice. An updated and effective draft of these Terms is permanently accessible on the website through the url [URL]. User should look at such url regularly to check for changes in the Terms. Any changes to the Terms of Service will not apply retroactively and will become effective seven days after posting.

 

  1. Booking our services

Booking effectivity. Your booking will become effective and binding when all of the following acts are completed (a.-) your acceptance of these Terms, (b.-) your payment of our fees, and (c.-) our sending you an e-mail confirmation of the booking to your notified email address.

Right to decline a booking. We reserve the right to decline to accept any booking but if we do so we will send you an email notice to that effect. If the booking is declined, we will proceed to refund our fees within 7 days.

Service cancelation by the customer. You may cancel your booking up until three (3) hours before the scheduled drop-off time. Following a cancellation under these terms, we will send you an email confirmation and refund the booking if made direct via the Website. Account credits/credit card refunds will be made within 7 days.

Service change by the customer. You may amend your booking up until three (3) hours before the scheduled drop-off time. If you change the scheduled delivery time, the new time of delivery must be later than the initial one. We reserve the right to cancel a service in case of changes in the booking, even if such changes are notified to us in proper time. Account credits/credit card refunds will be made within 7 days.

Service cancelation or change by us. We do not intend to change or cancel any of your travel arrangements once we have accepted your Booking. However, from time to time it may be necessary and we reserve the right to do so, even canceling the services booked by you. If that be the case, we shall make our best efforts to inform you immediately thereof.

 

  1. Price and payment

Price. The price of our services is set out in our site at the time you make a booking and make the corresponding payment. Our prices may change at any time but price changes will not affect bookings that have been paid. These prices include VAT.

Payment. We require payment in advance for the services at the time of the booking. We accept payment by credit card or debit card. We reserve the right to include or exclude at any moment any specific credit or debit card, or generally speaking any payment system.

 

  1. Time and location of drop-off and pick-up

Time of drop-off and pick-up. At the moment of booking our services you will be able to choose the scheduled time for baggage delivery or pick-up. The scheduled time chosen by you shall fall within a restricted daily time frame, which we shall set separately for each particular delivery address. We reserve the right to change the restricted daily time frame for each address at any time. If such change is to affect the service booked by you, we will make our best efforts to inform you as soon as possible, and you will be entitled to cancel our service.

Location of drop-off and pick-up. In the event that the location of baggage drop-off and pick-up is set in a large premise (i.e. in an airport), we reserve the right to change at any given moment the exact place where it is located, and such change shall give no right to cancel the service. If we change the drop-off and pick-up address, we will make our best efforts to inform you immediately.

 

5. Your responsibilities

Authority. You warrant that you have authority to deal with the Bag and its contents. This means that either (i) you are the owner of the Bag and its contents; or (ii) you have been properly authorized by the owner of the Bag and its contents to engage our services.

Knowledge. You warrant that you have full and first-hand knowledge of the Bag and its contents.

Content. You warrant that the Bag contains none of the items envisaged in section 6 (“Content”) of these terms.

Sealed bags. You are responsible for appropriately closing and sealing the Bag, following our instructions in the event that we provide them to you. At the moment of drop-off, the Bag should not be torn, unclosed or otherwise open to access by third parties.

Undue use of our services. Our services are provided exclusively to end users, for the purpose of transporting their own bags. Our services may not be contracted for the purpose of transporting commercial goods. We reserve the right to reject or subsequently cancel bookings in which we believe that there is a miss-use of our Services by you or a by third party, including the use of our services for commercial purposes or for commercial gain.

 

  1. Content

Prohibited items. You warrant that any luggage transported by us pursuant to the booking of our services (a “Bag”) shall not include:

  • any items of potentially dangerous nature (such as –without limitation– arms, flammables, items susceptible of explosion, or radioactive materials); and/or
  • any items the possession of which is illegal in the country where our services are provided to you; and/or
  • any items that are prohibited for air transportation by any regulatory or governmental body in the country where our services are provided to you; and/or
  • living animals or plants.

Excluded items. In the same sense, you warrant that the Bag shall include no valuable goods, such as, without limitation: precious stones, precious metals, watches, jewellery, glass, furs, china, art, antiques, prescription drugs, fragile and perishable goods and food, money, vouchers, travellers cheques, bearer bonds, bills of exchange, promissory notes, stamps, photographs, documents of title to property, bank, credit, pre-pay or other store cards with a cash equivalent value, spirits, tobacco and cigarettes and any other goods which we may deem to be valuable.

Updated list of prohibited and excluded items. For example purposes, we may keep in our Website a non-limitative list of certain goods that fall within the description of prohibited or excluded items. We strongly recommend that you read this list prior to baggage drop-off.

Bags containing prohibited or excluded items. We reserve the right to reject any Bag which we may suspect to contain prohibited or excluded items; in such case, our fees shall not be reimbursed. Additionally, if we suspect that a certain Bag contains prohibited items, we refer the right to refer such Bug to the local authorities for its inspection (including x-ray inspections). However, we are not obliged and do not undertake to make such inspection, as you are the sole responsible for not including any prohibited or excluded item in the Bag. In the event that it is confirmed that a Bag contains prohibited items, the infringing Customer will be obliged to reimburse to us the costs arising from such circumstance.

 

  1. Our liability

Maximum liability. Subject to the following provisions of this paragraph, except in respect of death or personal injury caused by our negligence, or that of our agents, our liability to the Customer for loss and/or damage caused by our negligence or otherwise which arises out of or in connection with the provision of the services provided by Bagmotions shall be limited as follows:

  • we shall have no liability for prohibited or excluded items; and
  • in relation to the services generally, our liability shall not exceed €1,800; and
  • in the case of lost or damaged Bags whether in transit or temporary storage, our liability shall not exceed €1,800

No indirect or consequential damages. We shall not be liable to the Customer for any indirect, special or consequential loss (including losses arising from business interruption, wasted management time, loss of goodwill, data and all such other loss whether or not arising in the normal course of business).

Events outside our control. We shall not be liable to the Customer or deemed to be in breach of the Terms by reason of any delay in performing or any failure to perform any of our obligations under the Terms if the delay or failure was due to any circumstances beyond our reasonable control in accordance with these Terms.

Deadline for claims. We shall, in any event, have no liability in respect of any claim, howsoever arising, that is not notified to us by the Customer in writing with sufficient detail as to the nature and quantum of the claim within seven (7) days of the circumstances giving rise to the claim. In such case, we shall refund to you the damages caused to the Bag if you provide documentation supporting your loss, and proving the extent and value of the damages caused to the Bag, within a further fourteen (14) days.

Fair and reasonable limitations. The Customer acknowledges that the limitations of liability as set out in this paragraph are fair and reasonable in the circumstances and have been taken into account and reflected in the level of the prices charged.

Damage to Bags after delivery. We shall not be liable for damages caused to Bags once they have been delivered to the local delivery address provided by you, be it a particular home or a hotel.

Delivery of Bags in case of delay. In the event that the you cannot recover the Bags at the moment of the scheduled pick-up time, (regardless of whether this is caused by us or by events outside our control), and you are not able to wait for the delivery of said Bags in our pick-up location because you need to take a flight, we shall be responsible for sending your Bags to the destination you tell us, worldwide. We shall provide you a form for the purpose of declaring the new delivery address, and we shall bear the transportation costs of the Bags to such location. Should you decide to refrain from taking the scheduled flight in order to wait for the delivery of the Bags, you will be the sole responsible for such decision and we shall not be liable for any costs arising thereof (such as hotel or plane-ticket costs).

 

  1. Events outside our control

Non-limitative list of events outside our control. We shall not be liable for any failure to provide the services arising from any event outside our control or action by third party, including but not limited to:

  • failure to meet airport security requirements;
  • failure to leave the Bag at the hotel for pick up for delivery to the airport delivery address on time;
  • failure to make available the Bag at the airport for delivery to the domestic delivery address on time;
  • rejected delivery (incorrect details or non-acceptance) at the domestic delivery address (in such case, we shall guard the Bag in our premises until you claim it, for a maximum period of three (3) months; you will be charged a €15 daily fee during that period);
  • national or local disruption in ground or air network; and
  • the actions of any regulatory or governmental authority or the airport operator.

General exclusion. We shall not be liable for any damage to any Bag or its contents arising from any event outside our control, or action by third party, including the actions of the local authorities, airport operators and police.

 

  1. General

Sole agreement. These Terms form the Contract between us and the Customer for the provision of the Services.

Each party acknowledges that it is not relying on any statements, warranties or representations given or made by the other whether actual or implied other than expressly incorporated into the Contract in writing.

No addition to, variation of, exclusion or attempted exclusion of any term of the Terms shall be binding on us unless in writing and signed by a duly authorized representative of us.

Severability. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Rights after termination. Termination of this Contract shall be without prejudice to any rights and/or obligations of us and/or the Customer accruing prior to the date of such termination.

Outsourcing. We reserve the right to subcontract the performance of all or some of the Services to a third party or agent.

Notices. Any notice required or permitted to be given by either party to the other under these Terms, shall be in writing and may be given personally or sent by email or prepaid registered post to the other party at its registered office or notified residential address. Any notice served by email shall be deemed delivered immediately.

Terms of service amendment. We reserve the right to amend these Terms. These Terms may be amended by us at any time by posting the amended terms on the Website. The amended Terms will be effective upon the effective date indicated in respect of Services agreed after that effective date. We therefore recommend that you monitor the Terms from time to time.

Legal age. You must be over 18 years of age to enter into a Contract with us. If you do not qualify, please do not use our Services.

Law applicable and jurisdiction. These Terms shall be governed by and construed in accordance with the laws of Spain, and the parties agree to submit to the exclusive jurisdiction of the courts of Barcelona, Spain.

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