The operations and services offered by Bag Express Ltd are governed by the present “General terms of Service” or “Terms”. The General Conditions of Service of Bag Express Ltd are considered as included in and attached to each and every contract stipulated with the Customer and shall form an integral and inseparable part.
- The Supplier Company
- Terms and Conditions
- Purpose of Contract
- Weight and Size Limits of the Baggage
- Prohibited and Dangerous Items – Safety
- Possibility of Inspection
- Time and Conditions for Pickup and Delivery of Baggage
- Wrong Address
- Undeliverable and Refused Luggage Shipments
- Customer Obligations
- Limitation of Liability
- Third Party Claims
- Claim Recovery
- Costs and Payments
- Right to Withdraw
The following definitions apply to the Conditions that regulate the contract of carriage and other services stipulated with the Customer: Bag Express, “we”, “us”, “our” mean BAG EXPRESS Ltd, the auxiliary persons, partners and affiliates of Bag Express Ltd, the operating partners, agents and independent contractors of Bag Express.
-“Customer,” “you,” “their” and “they” refers to the Customer, the sender, the shipper or the receiver of the baggage shipment, holding the purchase code, or the waybill, or the equivalent shipping documentation, the receiver and the owner of the baggage contents, any other parties having legal ownership of the contract of carriage or any parties having an interest in the provision of different services.
-“Baggage” refers to the “belongings”, effects, objects, or “articles” or “property” of the Customer, which he holds for his strictly personal use for occasional travel from their place of departure and/or pickup to the place of destination and/or delivery. It is contained in a suitcase, duly sealed through a numeric combination security system, a latch, lock or equivalent (preferably a TSA lock – Transportation Security Administration – for baggage travelling to the United States of America).
-“Journey” refers to the route the Customer takes from one place (departure) to another (arrival) due to personal or professional reasons by air, sea or land carrier, to be documented through ticket.
-“Purchase confirmation” refers to the notice that the Customer is due to receive, via SMS or e-mail, at the end of the transportation purchase process. It will include the numeric or alphanumeric code of the Shipment and the URL link to the customer web page, where the transportation data will be summarized: sender, receiver, pickup day, delivery day, pickup address, delivery address, email address and telephone numbers for any notices related to pickup and delivery, number and weight of baggage, service cost, payment data.
-“Ticket” refers to the document registered in the customer’s name, issued by an air, sea or land carrier, or by agencies or legally responsible delegates, or the Reservation Code when buying via the Internet, attesting the payment of Customer transportation, the journey, the place, departure and arrival time, the journey identification code, and any other useful or necessary information. -“Carriage”, or “Transportation” refers to the baggage transfer from the pickup location to the delivery location.
-“Other services” refers to the services that are not involved in the transportation, which we provide for operational needs or on Customer request, such as storage, sorting, insurance, packing and cover services, ancillary services and carriage organization activities.
-“Shipment” refers to all the operations which are ancillary to the baggage transportation, that the customer appoints us to carry out for the packaging, the cover, the choice of domestic and international carrier, the insurance, assistance, information and those procedures which are necessary for ancillary services for the baggage transfer from one place to another, or in relation to which we agreed to provide different services, both according to our waybill or other transportation document and according to any further instruction from the Customer or contractual arrangements.
“Accident” refers to an event that causes the failure or the delay in the achievement, due to an impossibility of the performance caused by reasons not attributable to the party.
-“Force majeure” refers to unforeseeable or extraordinary events: for example, riots, wars, terrorist acts, fires, lightning, floods, explosions, government acts, bans, government delays or omissions, theft, robbery, and any other cause, provided that in each case, expressly stated or not, that case could not be avoided by taking all measures to avoid damage.
-“Damage” refers to total or partial deterioration, break or damage of the baggage, attributable to extraordinary events occurred during the transportation and different than ordinary wear and tear resulting from transfer activities, which may be subject to repair, restoration or compensation.
-“Loss” refers to the total loss of baggage.
-“Prohibited items” and “items not accepted” show all items whose carriage is prohibited by laws, rules or regulations of any country through which or over which the shipment travels, or these Terms.
-“Claim recovery” refers to the complaints procedure.
-“E. U. ” means the European Union. -“Extra – EU” refers to the countries over the European Union.
-“U.S.A.” means the United States of America.
2. THE SUPPLIER COMPANY
The contract of carriage of luggage and other services is concluded with the BAG EXPRESS Company Ltd., or its auxiliary, the affiliate or operative partner, the sub-carrier or Bag Express providers, that accepts the Customer’s shipment transportation or the performance of other services. Customer acknowledges and accepts the right of BAG EXPRESS to entrust all or part of the transport to its sub-carriers, partners and/or auxiliary according to the terms and conditions determined by them. In case of commitment for all or part of the service to third parties, Customer acknowledges the validity of the conditions laid down by sub-carrier, operating partner and/or ancillary service provider.
3. TERMS AND CONDITIONS
By joining the service and the reliable transport Customer accepts these conditions and the data reported in the “confirm purchase”, in the consignment note (waybill)and/or in the contract of carriage and/or in contract to perform other services on Customer own and/or on behalf of any other person having an interest in the shipment or for the performance of different services, whether or not the Customer has signed the document of transport and/or waybill. Conditions also relate to those we use for the aid or the service to which we rely for the withdrawal , transportation or delivery of the shipment or for the performance of different services, it also refers to our employees, directors and agents. Only one of our official, authorized and with full powers, may agree in writing variations of these Terms. Where the customer entrusts us with oral or written shipments instructions that conflict or are otherwise incompatible with our conditions and we have not been expressly authorized and approved in writing, we will not be bound by these instructions.
4. PURPOSE OF CONTRACT
The purpose of the contract is the transport of Customer’s luggage from the customer site for the withdrawal (pickup) to the place designated for delivery, in terms decided in these conditions and in accordance with instructions given by the customer in order to and/or the request for transport request filled out through our website, our call center or through our staff and auxiliary. While transporting or shipping the luggage is part of another type of contract agreed between us, these Conditions apply to the service of the baggage that is in accordance with the contract.
Thus, Customer acknowledges and accepts that the conclusion of any kind of agreement involving the transport of baggage that does not affect: -the contract is a contract of carriage by air where the transport of the shipment actually takes place by air – the contract is a contract of carriage of goods by land where the transport of the shipment actually takes place over land – the contract is a contract of carriage by sea where the transport of the shipment actually takes place by sea – the contract concerns the provision of services different if related services not related to transport.
5. WEIGHT AND SIZE LIMITS OF BAGGAGE
The luggage is single and will not be considered luggage as an appendage to it united or tied. The weight and size limits applicable to the single luggage shipped with the BAG EXPRESS service are as follows:
– Actual maximum weight: 40 kg;
– Maximum dimensions: 95 cm. of length, 60 cm. of height and 40 cm. of depth;
– Maximum length: 190 cm. (190x25x25 cm. sports equipment).
All luggage will be weighed and measured with suspension scanners whose response is irrefutable.
In the event that the weight control and control system has detected an actual weight of luggage other than that stated by the Customer at the time of purchase or its non-transportability under these Conditions (by weight and size), Bag Express will charge the Customer the following sums:
a) Purchase of medium size (M) but weighing more than 25 kg and less than 40 kg (L size): charging the difference between L and M;
b) Medium size (M) purchase but weighing more than 40 kg: charge of the difference between sizes + € 7,30 per kilogram over 40 kg;
c) Purchase large size (L) but weighing more than 40 kg: charge of € 7,30 per pound over 40.
Exceeding of the dimensional limits (expressed next to the weight under each product): charge of € 73,20.
Taking into account the exponential growth of national and international traffic volumes during the upcoming winter holidays, starting from October 1nd, 2023 and up to January 14th, 2024 (included), a temporary peak surcharge of € 7,56 will be charged on all purchases for each suitcase.
In the unlikely event that baggage shipped by customers does not comply with the maximum measures provided and well communicated throughout the purchase process, the buyer will have to pay a surcharge: :
- for large packages („large package“ means a package whose length + perimeter [perimeter = (2 x width) + (2 x height)] together exceed 300 cm, but not the maximum dimensions of 400 cm established by UPS) of € 79.30 in addition to the ordinary charge of € 73,20 (€ 73,20 + € 79,30 = € 152,50);
- excessively heavy / oversized parcel (UPS does not take delivery of parcels with an actual weight bigger than 70 kg, or with a length bigger than 274 cm, or with a sum of length and perimeter [(2 x width) + (2 x height )] bigger than 400 cm. If such packages are identified in the network for the delivery of small packages, they will be subject to an additional cost. Packages with a total sum of length and perimeter bigger than 400 cm are also subject to the surcharge for large packages of € 344.00 in addition to the ordinary charge of € 73,20 (€ 73,20 + € 344,00 = € 417,20).
In any case, overcoming the maximum permitted weight (40 kg) or the maximum permissible size (95x60x40) will invalidate the reimbursement warranties provided in these Terms.
6. PROHIBITED AND DANGEROUS ITEMS – SAFETY
6.1 DANGEROUS GOODS
Bag Express doesn’t carry out the carriage and doesn’t provide other services relating baggage which, at our exclusive discretion, contain dangerous goods and/or are considered dangerous, including, but not to a limited extent, those ones specified in the technical guidelines of the International Civil Aviation Organisation (ICAO), in the regulation about the dangerous goods of the International Air Transport Association (IATA), in the code of International Maritime Dangerous Goods Code (IMGD), in the European Agreement concerning the international carriage of dangerous goods by road (ADR), or in any other relevant national, EU or international regulation applicable to the carriage and the completion of different services inherent dangerous goods .
6.2 RULES OF AVIATION SAFETY
The Customer, demonstrating adherence to the Service and entrusting us the delivery of baggage, ensure that it doesn’t contain a prohibited article. Shipments carried by us or
managed by us may be subject to security controls, including use of X-ray systems and/or scanner and the Customer is agree that the bag can be opened and its contents monitored during the transport. The Customer authorizes, therefore, Bag Express and/or auxiliaries, members and affiliates of Bag Express Ltd, operating partners, agents and independent contractors of Bag Express, customs or police authorities to carry out any inspection of security which becomes necessary on the baggage transported by air.
The Customer warrants that he set up the luggage to be carried, or for the performance of different services, in safe places and he warrants that the shipment has been safeguarded from any unauthorized or unlawful interference during its preparation, eventual packing and carriage, up to the time before the acceptance of baggage by the Bag Express.
6.3 ITEMS PROHIBITED OR NOT ACCEPTED BY BAGEXPRESS
Bag Express does not carry baggage containing the following items:
Fuel system vehicles components which have contained fuel;
Explosives, including detonators, fuses, mines, grenades, fireworks and pyrotechnics;
Gas, including propane and butane;
Flammable liquids, including gasoline and methanol;
Cooling or stinging liquids and liquids of any kind;
Coolant and irritating liquid;
Radioactive material, including medicinal or commercial isotopes;
Flammable solids and reactive substances, including magnesium, ignition devices;
Corrosive substances, including mercury and vehicle batteries;
Perfumes, flammable liquid / solid substances, including alcohol greater than 70 degrees;
Oxidant substances and organic peroxides, including bleach and kit car body repair;
Toxic or infectious substances, including rat poison and infected blood;
Underwater flashlight with batteries enclosed;
Plants, seeds and alive or dead animals;
Securities and negotiable certificates (bills of lading);
Currency (cash, coins, credit cards, prepaid cards and travellers cheques);
Other values not negotiable;
Material, as defined pornographic or indecent;
Weaponry material, ammunitions, bullets, firearms and weapons;
Software, videogames and hardware components;
Pharmaceutical products in quantities above the client’s personal therapy of 30 days;
Narcotic drugs and Psychotropic substances;
Tobacco, alcohol and tobacco products;
Works of art;
Cultural heritage in general;
Metals (gold and silver in any form) and precious stones;
Documents, calls for public or private tenders, card values, meal tickets and fuel tickets, etc..
Fragile objects, such as glass, bottles, etc..
Goods subject to customs duty;
Biological tissues and anatomical parts;
Ivory and ivory objects;
Animal skins and furs;
Computers, photographic equipment, camcorders, mobile phones, tablets, console, videogames, electric and electronic equipment.
Customer understands and acknowledges that the transport of such articles, although if not visible by X-ray and/or scanner, contained inside bags, is absolutely prohibited and, however, not accepted by us and subject to specific regulations of the field that in some cases and in some countries provide for financial penalties, arrest and/or imprisonment of responsible/holder/possessor/owner /proprietor. In case of inclusion of items listed within the luggage, the Customer will be solely and exclusively responsible for all civil and penal consequences resulting from the simple carriage of baggage, and, suitably, he relieves Bag Express, its sub-carriers, partners and auxiliaries from any administrative, pecuniary, civil or criminal liability.
Bag Express considers the list of the items mentioned above, except those ones prohibited by international, national and EU regulations, not compelling for Customers EU citizens, with direct departure from an EU Member State and direct destination towards an EU Member State.
The customer is informed that, because of the inadequate preparation of luggage and /or insertion of prohibited items and / or not accepted, the same baggage as its content, could be destroyed.
7. POSSIBILITY OF INSPECTION
Customer acknowledges and accepts that Bag Express or government authorities, including customs, and their delegates are authorized to open and inspect the luggage for safety reasons.
Customer is informed that the luggage with destination U.S.A. ,or coming back from U.S.A.,will be inspected by TSA, Transportation Security Administration (the American agency for aviation safety). In suspicious cases, TSA will forcedly open the baggage to check its contents. Bag Express informs its Customers that there are TSA locks on market and which can be opened by TSA with a specific passpartout key held by TSA.
8. TIME AND PREPARATION METHOD FOR BAGGAGE PICK UP AND DELIVERY
Baggage will be withdrawn from Monday to Friday working days (excluding, therefore, national and local holidays), between 9.00 am and 7.00 pm on the agreed day, at the address indicated in the Purchase Confirmation.
Baggage will be delivered from Monday to Friday working days (excluding, therefore, national and local holidays), between 9.00 am and 7.00 pm on the agreed day, at the address indicated in the Purchase Confirmation. Delays caused by the intervention of Customs, Public Administration or other events beyond our control, may affect the timing of pickup and delivery.
The collection and delivery dates for the smaller islands and / or for remote locations may undergo changes, even significant ones, and are subject to the operations of the sub-agents and other circumstances (for example: weather conditions, availability and operation of ferries and related personnel, provisions of local and / or national authorities, etc.).
Pickup will be supervised by staff from Bag Express or UPS. The baggage must be wrapped, at the expense of the customer, on the entire surface with trasparent plastic film (such as domopack or equivalent), leaving free only the fixed handle. The baggage must be also labeled with the sticker sent by Bex in the purchase confirmation email or with another label (written by hand by the customer on a white paper) specifying first name, last name, addresse and zip code. For the shipments departing from Italian territory, the driver may seal the bags using a security strip (Stripe). The wrapping must allow easy reading of the identification label.
Bag Express, UPS or other person in charge, may deliver a shipment to the receiver named on the waybill or to any other person appearing to have authority to accept delivery of the shipment on the receiver’s behalf (such as persons at the same premises as the receiver or neighbours of the receiver).
For any information about the baggage the customer can visit our website (link to…) by inserting the code reported on the Confirmation of Purchase, or contacting our call center.
Any customs duties, taxes, penalty, deposit or other fees where we were or could incur as a result of the actions of customs or other government authorities or due to a lack attributable to the Customer and/or receiver providing adequate documentation and/or to obtaining the license or permit required, will be charged to the Customer or the receiver (if different from Customer) of shipment.
In case we decide to make this charge to the receiver (if different from Customer) and they refuses to pay the amount, the Customer agrees to pay that amount together with the sums due to us or from us to third parties, as well as any extra cost which we incur. At our request, the Customer undertakes to provide appropriate security for each of duties, taxes, penalties, amounts of stock or any other charges under this article.
The customer is always responsible for what has entered into luggage and Bag Express will not answer for any delay, loss or damage caused by the intervention of the customs officers or other governmental authorities, or for the presence in the baggage of items prohibited under this contract, under the national and supranational rules governing the safety and / or the entry of things in the country of transit and / or destination. The customer is informed that, because of the inadequate preparation of luggage and / or insertion of prohibited items and / or not accepted, the same baggage as its content, could be destroyed by customs officials or other government authorities.
10. WRONG ADDRESS
In case we are unable to deliver the luggage due to a wrong address, we will work towards making every reasonable effort to find the correct address. We will notify the Customer of the correction and delivery or attempted delivery of the shipment at the correct address, in which case, additional fees may be applied if the correct address is different from that shown on the waybill or transport document. Bag Express does not deliver to PO boxes. If we are unable to carry out the delivery on the first attempt, the Customer now recognizes us the right to leave a notice of shipment for the receiver, meaning that one as sufficient evidence of attempted delivery. Bag Express, without additional cost, provides two additional delivery attempts within two following working days.
11. UNDELIVERABLE AND REFUSED LUGGAGE SHIPMENTS
In case we are unable to complete delivery of luggage we will leave, if possible, a notice of passage at the receiver’s address, showing the fact that we tried to make the delivery.
In the case of cruise ships, where the Customer should test positive for the COVID-19 pre-boarding test, the baggage will be returned to the collection address indicated by the Customer with the ordinary delivery times.
Bag Express is committed to contact the Customer at the indicated addresses. Customer agrees to pay to Bag Express any costs in which we will incur in order to submit, provide or arrange for the return of the shipment, and our duties (if any) payable for the most appropriate next steps agreed between us. If the Customer does not provide proper instructions after our delivery attempts, or in case of refused shipments, baggage will be returned to the sender; the cost of shipping back will be charged to the credit card indicated by the Customer at the time of purchase.
12. CUSTOMER OBLIGATIONS
The Customer warrants and assures to Bag Express that:
a. The baggage (including, but not limited to, weight, size, number and type) was described accurately at time of purchase;
b. the baggage has been deprived of labels, tags, stickers or slips from previous trips and shipping;
c. they have sticked on the baggage an identifying label containing the personal datas (name, surname and residence address with zip code) provided by BEX in the purchase confirmation email or filled in accordingly by the customer;
d. the designated site for pickup and delivery will be guarded from 9.00 am to 19.00 (7:00 pm) on the agreed days;
e. submitted information about pick up and delivery (for examples: name of the person to be contacted, street number, entrance, janitor, entry phone, nominative, etc..) is truthful and accurate;
f. The person assigned to the delivery and picking up of baggage has been properly delegated or authorized by the customer;
g. the transport label (equivalent to a waybill or transportation document) was affixed to the baggage safely and in a prominent position on the outer surface of the luggage; that the information on the label (name and address) are correct and in accordance to those indicated in the Purchase Confirmation;
h. The customer has wrap the luggage on the entire surface, leaving free only the fixed handle, with transparent plastic wrap, such as dome-pack or equivalent being sure that the label is visible and readable;
i. the contents of the baggage has been prepared, arranged, ordered, closed and sealed in a safe and accurate way, that is protected against the risks of transportation, including the relative processes of handling and/or sorting;
j. they declared the correct weight/size of the baggage, where provided;
k. effects, goods and articles contained in the luggage are of strictly personal nature, they are not among those subject to restrictions BEX, IATA and ICAO and they are not prohibited items; in any case, for safety reasons, the customer can never put food in luggage and liquids of any kind;
l. neither the Customer nor the receiver is a person or an organization with which BAG EXPRESS can not have business relations with regard to applicable laws or regulations;
m. In case of shipping outside the EU, Customer will fill in the fields in the document template “pro forma” (link to) entering the description of the contents of baggage, the flight ticket number, national insurance number (alphanumerical code for personal identification, SSN cultural equivalent) and a photocopy of your passport or identity card (if it’s valid for non-EU country of destination);
n. they has been complied with all applicable laws and regulations, in addition to the estimations of this contract;
o. they has taken all reasonable precautions required by the conventions, directives and laws concerning the protection of personal data to ensure their preservation in case of non-delivery or incorrect delivery.
p. have closed the suitcase and each pocket and/or external aperture with a padlock (must be of type TSA for bags with destination USA) or other security system suitable to prevent the opening.
Customer accepts to compensate us and protects us from any liability, cost, damage or expense, including legal costs, in which we can incur in relation to them or to third parties and that arising from the breach of any of these warranties , bonds and insurance by the Customer.
13. LIMITATION OF LIABILITY
Without prejudice to the provisions of art. 14, the responsibility of the Bag Express, in case of loss, theft and robbery, total and partial, damage and delay, occurred to the shipment of the baggage or for failure to perform the service, will be limited as follows.
Basic guarantee: loss, theft and total robbery up to a maximum of € 100.00 (one hundred / 00) per baggage with proof of the value. Luggage damage: Bagexpress will assign to the Customer a Voucher valid for 1 year. The value of the Voucher is the lower cost between the baggage repair and what the Costumer paid for the Service , up to a maximum of € 50.00 (fifty / 00), in any case, Bag Express isn’t responsible for damages to the mechanical parts or mechanisms (Eg. wheels, pull out handles, etc.).
Bagexpress will consider the request of claim for any guarantee and for any circumstances (loss, theft, damage) just in case the Costumer sends photos of the entire suitcase (of each side without and with the transparent film) correctly label with the personal sticker before the pick up and photos of the suitcase as received at the moment of delivery, with the film and the UPS label. Moreover, just in case of damage, the Costumer has to send also detailed photos of the damage itself.
Exclusive guarantee (optional, at the current cost of €10.00): loss, theft and total robbery up to a maximum of € 500.00 (five hundred / 00) with proof of the value.
Delay: Late delivery is considered after 48 hours after the day indicated in the confirmation of purchase or, in case of discrepancy, in the waybill. In case of delay, Bag Express will assign to the Customer a Voucher valid for one year for a shipment of equivalent value;
Non-execution of the service: in case of non-collection and / or delivery of baggage for reasons attributable to Bag Express, Bag Express will return to the Customer the amount paid for the service not performed. In case of loss, theft and robbery, total and partial, if the Customer has been for any reason compensated by third parties, no complaint will be paid by Bag Express, except for the part exceeding the reimbursement received and up to the limit of the above limits.
Bag Express may enter into specific categories of Clients, with Companies or Associations, special conditions of responsibility through specific Conventions or Agreements. These Agreements can never derogate from the general principles of the Bag Express liability conditions pursuant to Articles 12 (Customer Obligations), 13 (Limits of Liability), 14 (Disclaimers) and 15 (Valuable assets)
14.1 Without prejudice to the cases provided for in Article 13 above, it is possible to send luggage in advance, we will never be liable to you for non-pecuniary and pecuniary loss resulting from failure, incorrect and/or delayed baggage, and so (including but not limited), for failure, delay or partial participation in events, exhibitions, conferences, congresses, examinations, courses, refresher courses, shows, radio, television and video programs , ceremonies, banquets, celebrations, training , competitions, tournaments, leagues, tour, tournee, audio and video recording, surgery, physical examination, loss of start-up ,loss of earning , loss of profit/gains , loss of market, reputation, customer, use, opportunity, although we had knowledge that such damages or loss may arise, however nor for any loss or certain damage indirect, incidental, special or consequential , including, without limitation, the event of termination of contract, negligence, wilful misconduct or failure/ no fulfilment.
14.2 Bag Express will not be responsible for obligations assumed with the Customer for the following facts and/or events:
a) circumstances beyond our control such as (by way of example and not exhaustive): natural events or disasters including arthquakes, hurricanes, storms, floods, fires, diseases, fog, snow or frost, including events of force majeure (by way of example and not exhaustive ) war, accidents, terrorist acts, strikes, embargoes, dangers in the skies, local disputes or popular uprisings, national or local disruptions in transportation networks by air or by land and mechanical problems due to modes of transport or machinery; latent or intrinsic defects in the contents of the luggage, third-party criminal acts such as theft, robbery and arson;
b) acts or omissions attributable to the Customer or any third party, whose actions the Customer will be liable for obligations under the Terms and in particular of the guarantees provided by Art. 11, and so for the acts or omissions attributable to: Local authorities and customs, airlines, airports or public official.
c) contents of luggage items consisting of goods that are prohibited by law or by this contract, even if we had wrongly accepted the transport. The only liability attributable to us in connection with services rendered, will be that governed by these Terms.
d) The customer do not wrap the luggage to the entire surface, leaving free only the fixed handle, with transparent and plastic wrap, such as dome-pack or equivalent.
e) for the delivery of the luggage to any other people other person appearing to have authority to accept delivery on the receiver’s behalf (such as persons at the same premises as the receiver or neighbours of the receiver).
To confirm as governed by .6.3 (Prohibited articles or not accepted by Bag Express), Customer can not put in the baggage entrusted to Bag Express objects, effects and valuables, such as precious stones, precious metals, jewels, money, securities, trading instruments, glass or porcelain, art objects, antiquities, cultural heritage and important documents that include (by way of example and not exhaustive) passports, offers for public or private tenders ,actions and Certificates option, securities, bank records, warranties or guarantees, bond bail.
In case the Customer had placed in the luggage items and effects of value, the transport of such goods will be at them sole risk.
16. THIRD PARTY CLAIMS
Customer agrees with us not to allow any other person who has an interest in the shipment to lodge a complaint or bring an action against us in relation to the carriage, even if we are negligent. Failing that, and if a claim or action is brought, the Customer will indemnify us for the consequences of the claim or action and for the costs and expenses we may incur to protect ourselves.
17. CLAIM RECOVERY
17.1 The Customer who intends to lodge a claim for the shipment of baggage which is lost, damaged or delayed, or for any other damage, must comply with the provisions of national law or international conventions, following the steps below. Otherwise we reserve the right to dismiss the complaint. In particular, the customer must make a written statement within:
a. 7 calendar days from the date of receipt of baggage in case of damage, theft and partial robbery;
b. 7 calendar days from the date the Customer or the receiver (if different from Customer) is reasonably due to notice the loss, damage or delay of baggage.
17.2 Following the first alert, and no later than the time limits provided by law or conventions applicable, the Customer must document the complaint by sending us all relevant information regarding the shipment and the loss, damage or delay suffered. We are not bound to act on any complaint until the amount due for the transportation and ancillary services has not been paid, and the Customer won’t be entitled to deduct the amount of the claim from the freight transport and ancillary services due. Unless otherwise stated by applicable law and/or conventions, the right of the Customer to make a complaint for damages against us will cease within 1 (one) year from the date on which the Customer could reasonably notice the loss, damage or delay, unless the action is brought before the competent court.
17.3 In case of acceptance by us of all or part of the complaint, the Customer guarantees that their insurance, or any third-party having an interest in the shipment, will waive any rights, remediation or claims they could be entitled to under subrogation or otherwise.
17.4 The refund will be made exclusively on presentation of the following documents: travel ticket, purchase code, list of personal effects in the baggage and proof of their values, copy of the complaint. Once the records of the loss have been examined and found exhaustive for the purposes of definition, Bag Express will inform you on the procedures and amount of the settlement.
18. COSTS AND PAYMENTS
18.1 Customer undertakes to pay the price (freight) for the transport of baggage between the places specified on the waybill, contract of carriage and/or fees for the performance of ancillary services, value added taxes on transport and all other costs, tax, fee or charge within the agreed payment, that is those agreed at the time of purchase of the shipment on our website or through our call center. Our costs are calculated according to the rates applicable to the shipment, as described in this contract and in our price list.
Bag Express will monitor the size, weight and/or volume and/or the amount of luggage, and, if ensures a discrepancy between the size and/or weight and/or volume and/or the number of luggage declared, Customer agrees that the size, weight and/or volume and/or the number of baggage determined by us will be used to calculate the difference in fares to be charged on the credit card used for purchase. All taxes and any other fee on shipping in the country of destination must be paid to us by the Customer by charging the credit card used for purchase.
18.2 Rates applicable for shipment are available on our website www.bagexpress.eu and contacting our call center.
18.3 The rates in force refer to the ordinary pickup and delivery baggage service between the addresses given by the Customer. Bag Express reserves the right to charge an additional amount if the amount of time for completion of customs clearance requires too much work to deliver the baggage to the receiver. Additional amounts, therefore, will be charged in some countries for complex customs clearance activities and these include, but are not limited to, shipments that require:
(i) formal customs entry statements that involve multiple luggage of the same Customer.
(ii) customs bonds or the need to deliver baggage containing items placed under customs bond.
(iii) customs clearance that involves a government department in addition to customs authorities.
In some countries Bag Express could pay in advance some payments of charges, fees, taxes and penalties and, in case this additional service is provided, the Customer will be charged with a local fee on their credit card used for purchase.
In case the Costumer ships a suitcase that doesn’t respect the dimensional limits of the art.5 of these Conditions, longer more than 200 cm or bigger than the dimensional limit of 300 cm (perimeter + longer side), he will be charged 100€ (one hundred/00).
18.4 Our invoice is issued in electronic format that can not be modified (PDF or other equivalent format) and sent to the email address provided by Customer. Our invoice can be printed on paper and sent by ordinary mail to the address provided by Customer. In case of printing our invoice on paper and sending it by mail ,the additional cost of printing and postage will be charged on the invoice.
18.5 Our invoices must be paid in the currency indicated on the invoice (usually Euro).
Costs and expenses paid by us for customs, taxes, levies, fees and any other amounts required and paid by us for the baggage delivery at the destination address, will be charged to the Customer in the currency indicated on the invoice, subject to prior conversion of local currency. Customer now hereby authorizes Bag Express to request the charge of subsequent costs on the same credit card used by Customer for the purchase.
19. RIGHT OF WITHDRAWAL
Considering the nature and type of services offered by Bag Express, Customer is conscious and informed that isn’t applied to the Contract the right of withdrawal under Article .64 of Legislative Decree 206/2005.
Before the pick up, the Customer is entitled to withdraw from the purchase of the Service by paying a contractual penalty of 15% (fifteen percent) of the sum paid to Bag Express at the time of purchase.
Eventual disputes arising between the parties as a result of the Services shall be under the responsibility of the jurisdiction of the home indicated by the Customer at the conclusion of the Contract, provided allocated in Italy.
ARTICLE. 13 of Legislative Decree 196/03 “CODE ABOUT THE PROTECTION OF PERSONAL DATA”
Customer’s data is processed for the purpose of contract and commercial information. The conferment of data is voluntary, but the possible refusal makes it impossible to establish business relations with Bag Express Ltd. The e-mail address (if indicated) will be used to send commercial information about our products and/or services. Customer data will be processed manually, computer and/or data transmission. The persons in charge of the protection of personal data (internal or external as follows) and the persons appointed for the processing may be aware of customer and receiver data. Customer will can contact (also by phone at Number 199. 418. 428) the holder of personal data protection to verify their data and add to, update or correct and/or to exercise the other rights provided by. Article 7 of Legislative Decree N.196 / 03. In particular, the Customer may object at any time, through the Privacy Service, to the processing of their electronic details mail for direct sales or marketing. Bag Express informs you that the owner of the protection of personal data is Bag Express Ltd sited in Corso Salvatore D’Amato, 108 – 80022 Arzano (NA) – The responsible of the protection of personal data is the President of Board of Directors, domiciled for this position in the office at the headquarters of the owner.