BAGPOINT STANDARD TERMS AND CONDITIONS

 

These Terms apply to your use of our Website/Web Application and Services. Please take a few minutes to read these Terms carefully before you use our Website/Web Application and Services.

We are Bagpoint, a company registered in The Netherlands under number xxxxxxx, with our registered office at Transformatorweg 28, 1014 AK Amsterdam.

Bagpoint reserves the right to amend these Terms at any time by posting the amended Terms on this Website/Web Application. Your access to and/or use of our Website/Web Application after amended Terms have been made available implies that you accept the amended Terms and that you accept to be bound by them.

From time to time, updates to our Website/Web Application and/or to our Services may be made available. Your access to and/or use of our (updated) Website/Web Application, implies you accept any possible amended Terms related to the updated Website/Web Application and/or Services that are notified to you.

Definitions

In these Terms, the following expressions shall have the following meanings:

Airline: the airline with which the Passenger has booked a flight and to which the Luggage will be delivered as part of your Booking.
Bag and Baggage: any piece of luggage owned by (or otherwise under the care of) a Customer transported by Bagpoint pursuant to these Terms.
Booking: a Customer’s request for Services as evidenced by our records.
Contract: the contract between Bagpoint and you for the provision of the Services on these Terms.
Coverage Area: the area we service. Please see bagpoint.com for more details.
Customer and You: any person who makes a Booking (whether directly or indirectly).
Delivery Address: the Domestic or Airport address to which the Bag(s) will be de delivered as specified by the Customer in the Booking.
Hold Luggage: any piece of luggage owned by a Customer to be checked in and carried by our Partner Airline pursuant to these Terms.
Hold Luggage Requirements: specific requirements which apply to any Bag which are to be checked in and carried by our Partner Airline.
Pick-up Address: the address at which the Bag(s) will be collected for delivery as specified by the Customer in the Booking.
Pick-up: the collection of the Bag(s) as part of the Service.
Price List: the price list available on our Website from time to time.
Prohibited Items: any items prohibited for air transportation by any regulatory or governmental body including the Civil Aviation Authority and Customs including, for the avoidance of doubt, any items which are of a potentially dangerous nature, items the possession of which is illegal in the EU, livestock, foodstuffs and perishable items.
Scheduled Bag Drop Time: the selected time slot within which the Bag(s) need to checked in and dropped off at the selected Bagpoint HUB partner location.
Scheduled Pick-up Time: the selected time slot within which the Bag(s) will be collected as specified by the Passenger in the Booking.
Services: the “Airport Delivery with Bag Check-in from HUB”, “Airport Delivery with Bag Check-in from HOME” and “City Delivery” services, which allow you as a Customer to have your Bag(s) collected and/or checked-in at a requested location, including the procedure of Bag(s) Pick-up, applying an (airline) bag tag and delivering the Bag(s) on behalf of the Customer, in accordance with these Terms.
Terms: these terms and conditions of Leave Your Luggage B.V. Transformatorweg 28, 1014 AK Amsterdam, the Netherlands.
Web Application: the booking application which is made available through the Website and/or landing page of our Airline Partners.
Website: the website “Bagpoint.com” which offers an application to book the Services.

Your Booking

Your Booking only becomes effective and binding on your acceptance of these Terms and despatch of an e-mail confirmation of the Booking to the Customer’s notified email address.

If a Booking was made on your behalf by a third party, your continued use of our Services means you agree to these Terms. If you do not accept these Terms, please do not use our Services and, if you have a Booking that has been on your behalf, please exercise your right to cancel your Booking.

We reserve the right to refuse a Booking at our sole discretion and if decided, we will send you an email to notify you.

A reservation can be declined or cancelled for the following reasons:
The Pick-up Address is not an existing address or cannot be validated by us; The Pick-up Address is not within the area served by us;

If we are unable to validate the specified Pick-up address, we will notify you by email as soon as possible and provide you with the option of providing us with an alternative pick-up address.

Booking Changes and Cancellation

All Bookings can be amended free of charge up to 4 hours before the Scheduled Pick-up Time (subject to the relevant additional charges for service changes). Bookings regarding Airport Delivery including Bag Check-in from the Coverage Area to the airport must be cancelled no later than 4 hours before the Scheduled Pick-up Time at the Customer’s Pick-up Address in order to be eligible for a full refund.

Booking cancellations must be made via the Customer’s online Bagpoint account or directly through the Bagpoint Customer Services Team. Last-minute email requests for cancellation may not be upheld due to service centre response times.

A Booking cancellation is only confirmed and complete when the Customer receives a cancellation confirmation email from Bagpoint.

Booking cancellations must be made 3 hours or more before the booked Pick-up time to be eligible for a refund. Bookings cancelled after Baggage items have been picked up are not eligible for a refund. Additional costs may apply to repatriate Baggage items.

In the event of cancellation in accordance with this paragraph, you will receive a full refund of the price you have paid for the Booking. We will process the refund as soon as possible and, in any case, within seven (7) days of the day on which you gave us notice of cancellation.

We will endeavour not to cancel or change your Booking once it has been accepted. However, from time to time it may be necessary and we reserve the right to do so.

Your Obligations

You guarantee that you have the right to make a Booking and that you are over 18 years old.

You warrant that you have authority to deal with the Baggage and its contents.

You warrant that the baggage and its contents do not contain any Excluded Items or Prohibited Items as further specified in the Baggage Requirements below.

You must provide correct information and the requested documentation at the time of Booking.

You and all participating Passengers that are part of your Booking and that are checking-in baggage need to be present at the agreed Scheduled Pick-up time when you booked the Airport Delivery with Bag Check-in from HOME service.

You and all participating Passengers that are part of your Booking and that are checking-in baggage need to be present at the agreed Scheduled Bag Drop time when you booked the Airport Delivery with Bag Check-in from HUB service.

You must provide us with a valid contact mobile phone number and email address to ensure that you can be contacted at any time for updates, changes or modifications to your Booking.

You declare and warrant that (a) your use of our Services, Website and Web Application is strictly in accordance with these Terms and with all applicable laws and regulations, and (b) your use of our Website, Web Application and/or Bagpoint.

Bagdrop kiosk does not infringe the intellectual property rights of any third party or misused it.

You acknowledge that you are solely responsible for entering the correct information in order to use the Services available through the Web Application.

Becoming a registered user

If you choose to become a registered user you will provide an email address and password. You must treat such a password as confidential, and you must not disclose it to any other person or entity.

You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your password or other security information.

You warrant that all information provided upon registration that forms part of your account is true, complete and accurate and that you will promptly notify us of any changes to such information by updating the information in your account.

You agree to notify us immediately of any unauthorised access to or use of your password or any other breach of security.

We have the right to disable any user name, password or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have breached any provision of these Terms.

In addition, you ensure that your device is protected by an appropriate PIN or password so that information cannot be used or accessed in the event of loss or theft.

Price and payment

The price of the Services is set out in our Price List in force at the time we confirm your Booking. Our prices may change at any time but price changes will not affect Bookings that we have confirmed with you. These prices include VAT.

We require payment in advance for the Services at the time of the Booking. We accept payment by credit card, debit card, PayPal and soon also Apple Pay.

Redemption of loyalty rewards and referral credits can only be made against a booking, shall have no cash value and cannot be transferred.

In the event that we pay on your behalf any excess charge due to the relevant airline in respect of any Bag, you agree to reimburse this payment to us without delay.

Any additional fees, such as fees resulting from changes in Pick-up Place and/or Pick-up Time, shall be immediately due. We reserve the right to cancel the Booking if these amounts are not received before the Pick-up of the Bags.

Baggage Pick-up and Baggage Check-in

Airport Delivery with Bag Check-in from HOME

You and all participating Passengers that are part of your Booking and that are checking in one or more bags need to be checked in online and in possession of an airline boarding pass and a valid passport or national ID.

You and all participating Passengers that are part of your Booking and that are checking-in one or more bags need to be present at the agreed Scheduled Pick-up time and show the boarding passes and passport or national ID such that your designated Bagpoint Driver can scan each boarding pass and perform a “visual document check” as requested by our Airline Partners.

In those cases where it is impossible to carry out the Pick-up of the Hold Luggage at your residential Pick-up Address due to your absence, after five minutes of waiting, we will contact you and we may reschedule a new Pick-up Time, if possible, in which case we will charge you an additional service fee.

Airport Delivery with Bag Check-in from HUB

You and all participating Passengers that are part of your Booking and that are checking in one or more bags, need to be checked in online and in possession of an airline boarding pass and a valid passport or national ID.

At the agreed Scheduled Bag Drop time each participating member that is part of your Booking and that is checking-in one or more bags, needs to scan his/her boarding pass and passport or national ID at the self-service Bag Drop kiosk located inside the building of the selected Bagpoint HUB Partner and as requested by our Airline Partners.

In those cases where it is impossible to carry out the Pick-up of the Hold Luggage at the Pick-up Address of the Bagpoint HUB Partner due to the fact you missed the agreed Scheduled Bag Drop Time, we will contact you and we may reschedule a new Bag Drop Time and Pick-up Time, if possible, in which case we will charge you an additional service fee.

Hold Luggage Requirements

All Hold Luggage must comply with the requirements of the specific Airline concerned in view of airline safety and security.

You remain responsible for understanding your airline baggage allowance and the airline requirements and acknowledge that we may refuse to collect your Hold Luggage or that we will pass on any airline charges in case:

  • one or more Bags exceed your personal airline baggage allowance;
  • one or more Bags are overweight;
  • one or more Bags are oversized;
  • one or more Bags have not been properly packed;
  • one or more Bags are (severely) damaged;
  • one or more Bags do not comply with any other airline requirement.

The following categories of items are considered “Excluded Items” and shall not be included in your Hold Luggage: electronic devices, precious stones, precious metals, watches, jewellery, glass, furs, china, art, antiques, prescription drugs, fragile and perishable goods, money, vouchers, traveller’s cheques, bearer bonds, bills of exchange, promissory notes, stamps, photographs, documents of title to the property, bank, credit, pre-pay or other store cards with a cash equivalent value, spirits, tobacco and cigarettes and any other goods which the Airline may at its sole discretion deem to be valuable.

The following categories of items are considered “Prohibited Items” and shall not be included in your Hold Luggage: any items prohibited for air transportation by any regulatory or governmental body including the aviation and customs authorities such as the Tax and Customs Administration in the Netherlands including, for the avoidance of doubt, any items which are of a potentially dangerous nature, items the possession of which is illegal in the country of the Pick-up Address and in the country of destination, livestock, provisions and perishable items.

In the event your Hold Luggage does not comply with any of the above we will provide, if possible, an opportunity to either remedy such non-compliance or to pay any required additional costs upon Pick-up. If, however, the non-compliance remains, your Hold Luggage will be refused upon Pick-up and there will be no right to any refund.

In the event that we pay on your behalf any charge due to the relevant Airline in respect of any Hold Luggage, you agree to reimburse this payment to us without delay.

Our responsibilities

We shall ensure that the Services are provided with reasonable skill and care, including using reasonable efforts to pick-up your Hold Luggage at the Scheduled Pick-up time and the agreed Pick-up Address in the booking, to check-in and deliver your Hold Luggage on time to the relevant ground handler of your airline at the airport.

Subject to events outside our control, if we fail to deliver your Hold Luggage to the ground handler of your airline at the airport in time for your flight due to circumstances within our control and your Hold Luggage as a result misses your flight, we will arrange for your Hold Luggage to be forwarded to your final destination.

We will only accept and deliver the Hold Luggage for the person we reasonably believe to be the Customer.

Security

As part of our security procedures, your Hold Luggage may be screened by our staff or by the staff of our sub-contractors.

As part of the standard airline security procedures, your Hold Luggage will always be screened by the airport security scanners and the airport security staff.

Your Hold Luggage will be sealed and photographed during Pick-up. The security seal ensures that your Hold Luggage is not opened by anyone.

Your Hold Luggage will not be opened and/or searched by our staff or on our behalf without your consent, except when we are required to do so by customs, aviation or police, or another regulatory or governmental agency or the airport operator.

During transport, your Hold Luggage will be constantly monitored by the onboard CCTV security cameras. Our screened Bagpoint Drivers will ensure the transport vehicle is locked during transport and during pick-ups and deliveries.

Fair usage policy

We reserve the right to reject or subsequently cancel Bookings where we believe there to be a misuse of our Services by you or a third party for commercial gain.

Force Majeure

We are not obliged to fulfil any obligation, including a legal and/or agreed warranty obligation, if we are prevented from doing so due to force majeure. Force majeure includes (i) force majeure on the part of suppliers, (ii) failure to properly fulfil your obligations, (iii) defects in goods, equipment, software or materials of third parties, (iv) government action, (v) power failures, (vi) failures in the internet, data network or telecommunications facilities, (vii) war and (viii) general transportation problems.

The following events are also considered as force majeure:

  • failure to meet airline Hold Luggage Requirements;
    national or local disruption of the ground or air network;
  • the actions of the customs, police or other regulatory or governmental authority or the airline or airport operator;
  • failure to guarantee that the hold luggage is within the permissible baggage allowance according to the airline’s ticket;
  • failure to guarantee that the number of baggage items to be checked in is within the baggage allowance specified in the airline’s ticket;
  • failing to notify immediately of any last-minute changes to your airline booking, including flight changes, flight cancellations and changes to baggage allowance;
  • failure to attend the pick-up of your Hold Luggage at the agreed Scheduled Pick- up Time and Pick-up Address when having booked the Airport Delivery with Bag;
  • Check-in from HOME service;
  • failure to drop-off your Hold Luggage within the agreed Scheduled Bag Drop Time and/or at the agreed Bagpoint HUB Partner location when having booked the Airport Delivery with Bag Check-in from HUB service.

Data privacy

By accepting these Terms, you are also agreeing that we may process information relating to you in accordance with, and otherwise accepting the terms of, our privacy policy, which can be found at www.bagpoint.com. Our privacy policy sets out details of how we use the personal information you provide to us or we otherwise obtain about you. If you make a Booking on behalf of any other person you must draw their attention to our privacy policy and ensure that they also agree that we may process information relating to them in accordance with it and otherwise accept its terms. The terms of our privacy policy may be updated from time to time.

Liability

Subject to the following provisions of this paragraph, except with respect to death or personal injury caused by our negligence, or that of our agents, our liability to you for loss and/or damage caused by our negligence or breach of contract or otherwise arising out of or in connection with the provision of or failure to provide the Services or your use of them, is limited as follows:

We are not liable for loss of or damage to Excluded Items or Prohibited Items;

The liability for damage, loss, damage, theft or theft of Hold Luggage and/or its contents is limited to a maximum amount of EUR 1.381,- per Hold Luggage item per Passenger in your Booking.

In order to receive compensation for damage to your Hold Luggage, the Passenger must justify the true value of the Hold Luggage and/or its contents.

We will, in no event, be liable for claims for damaged Hold Luggage (including lost items), which have not been reported by you to us in writing with sufficient details of the nature and amount of the damage to us within seven (7) days of the damage occurring. You must then provide documentation in support of your loss within an additional fourteen (14) days.

To the extent permitted by applicable law, you acknowledge that we are not liable for any indirect or consequential damages, such as, without limitation, loss of business, loss of revenue, loss of data, business interruption or loss of business opportunity as a result of your use of our Website, Web Application and/or our Services.

We will not be liable for damages resulting from our compliance with any law or regulation, government orders or requirements, or for your or any Passenger’s failure to comply with any obligations or restrictions as set forth in these Terms.

To the extent permitted by applicable law, our maximum aggregate liability under or in connection with these Terms, whether contractual, tort (including negligence) or otherwise, other than damage to your Hold Luggage and/or its contents, is limited to a maximum amount of EUR 1.381,- * per Booking.

These exclusions and limitations do not apply if and insofar as the damage is caused by intent or wilful recklessness on our part.

Indemnification

You agree to indemnify us and each of our partners, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers and operational service providers from and against all losses, expenses, damages, costs and expenses (including attorney’s fees), arising out of your use of the Services, Website and/or the Website application and/or any violation of these Terms. You agree to indemnify us against any and all claims from third parties, for any reason, with regard to compensation for damages, costs or interest, related to or arising from any use of the Services, Website and/or the Website Application by you.

Insurance

It is your responsibility to ensure that the Baggage is insured for the value of the contents. We do not insure any Baggage independently as we do not have access to the details of its contents and its value.

Intellectual Property Rights

All trade names, trademarks and service marks in the web application are owned by Bagpoint or our licensors. You may not use our trade names or trademarks in connection with any product or service that is not ours, or in any way that may cause confusion. Nothing in the web application should be construed as granting any license or right to use trade names or trademarks without the express prior written consent of the owner.

You acknowledge that (other than in relation to information provided by you) the intellectual property rights in and to the Website and the Web Application, and all rights to information, documentation, images and other material of any kind on the Website and/or the Web Application is Bagpoint’s absolute property and/or the property of third parties contracting with us and that you will not assert any right, title or interest in or to any such matter.

The Website and Web Application is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained through the Website and/or Web Application.

Notifications

Any notices must be made in writing and addressed to the following address:

Leave Your Luggage BV – Bagpoint
Transformatorweg 28, 1014 AK Amsterdam, The Netherlands
Email: info@bagpoint.com

All notices made by us under these Terms must be in writing and sent by email or prepaid registered mail to your residential address or email as specified in your Booking.

Amendments

Bagpoint reserves the right to change these Terms. These Terms may be changed by us at any time by posting the amended Terms on the Website. The amended Terms will be effective on the effective date indicated in respect of the Services agreed after that effective date. We, therefore, recommend that you check the Terms from time to time.

We reserve the right, temporarily or permanently, in whole or in part, to change, suspend or terminate the Application without notice for valid commercial reasons, without liability to you. In case of accepted Bookings you will receive a full refund of the fees already paid.

Miscellaneous

You may not transfer your rights or obligations under these Terms to another person.

If we do not insist enough that you comply with your obligations under these Terms, or if we do not enforce or postpone our rights against you, it does not mean that we have waived our rights against you and does not mean that you do not have to fulfil those obligations. If we waive a default by you, we will only do so in writing, and that does not mean that we automatically waive any subsequent default by you.

Each of the terms of these Terms operates separately. If a court or competent authority determines that any of these terms are illegal or unenforceable, the remaining terms will remain in full force and effect.

These Terms constitute the entire agreement between us regarding your use of our Website, Web Application and Services and any other subject matter of these Terms. Such Terms supersede any prior understandings or agreements between us. In addition, in entering into these Terms, you have not relied on, and (in the absence of fraud), you have no right or remedy with regard to any representation, insurance, or warranty other than those contained in these Terms.

Any provisions of these Terms that by their nature should survive termination, will survive termination.

Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of The Netherlands and you agree to submit to the exclusive jurisdiction of the courts of The Netherlands.