These Terms apply to your use of this Website and our Services. Please take a few minutes to read these Terms and carefully before you use our Website and our Services. If the 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 made on your behalf, please exercise your right to cancel your Booking.
Bagpoint is a registered trademark and trade name of Leave Your Luggage B.V.
1. Your Booking
1.1. 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.
1.2. 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.
1.3. All Bookings can be amended free of charge up to 2 hours before the Scheduled Collection Time. Bagpoint Service Bookings from Amsterdam area to the airport may be cancelled up to 2 hours before the Scheduled Time for collection at the Customer Collection Address to be eligible for a full refund.
1.4. We will endeavor 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.
1.5. You must provide Bagpoint with valid contact details such as but not limited to telephone and email details in order to ensure that contact is possible at any time for updates, amendments or alterations to your booking.
2. Becoming a registered user
2.1. If you choose to become a registered user you will provide an email address and password. You must treat such password as confidential, and you must not disclose it to any other person or entity. You also 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 agree to notify us immediately of any unauthorized access to or use of your password or any other breach of security.
2.2. We have the right to disable any user name, password or other identifier, 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.
3. Price and payment
3.1. 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.
3.2. 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.
3.3. Redemption of loyalty rewards and referral credits can only be made against a booking, shall have no cash value and cannot be transferred.
3.4 You remain responsible for any excess charge payable in respect of any Luggage item that exceeds your airline’s weight allowance. In the event that we pay on your behalf any excess charge due to the relevant airline in respect of any Luggage item, you agree to reimburse this payment to us without delay.
4. Our responsibilities
4.1. We shall ensure that the Services are provided with reasonable skill and care including using reasonable endeavors to deliver your Luggage item(s) to the Delivery Address at the Scheduled Time.
4.2. Subject to paragraph 8 (Events outside our control) if we fail to deliver the Luggage item(s) to the Airport Delivery Address at the Scheduled Time due to circumstances within our control and your luggage item(s) consequently misses your flight, we will ensure that the Luggage item is sent on to your final ticketed destination.
4.3. We will only accept and deliver the Luggage item for the person we reasonably believe to be the Customer.
5. Your responsibilities
5.1. If you are collecting your luggage from us at an airport terminal location then you must provide photographic ID to the agent at collection.
5.2. You warrant that:
5.2.1. You have authority to deal with the Luggage item and its contents; and 5.2.2. The Luggage item contains no Prohibited Items (as defined).
5.3. You agree to be present at the agreed times as set out in your Booking and if you fail to do so the procedures set out in Schedule B shall apply.
6. Security arrangements
6.1. As part of our security procedures, your Luggage item may be screened by our personnel.
6.2. Your Luggage item will not be opened and/or searched by our personnel without your consent save where we are required to do so by the Dutch Customs, the Dutch Border Force, the Civil Aviation Authority, the Police Force, any other regulatory or governmental authority or the airport operator.
7. Fair usage policy
We reserve the right to reject or subsequently cancel Bookings where we believe there to be mis-use of our Services by you or a third party for commercial gain.
8. Events outside our control
8.1. We shall not be liable for any failure to provide the Services arising from any event outside our control or any action by you or any third party including: 8.1.1. Failure to provide accurate information at the time of booking and provide relevant documentation and photographic ID at the time of collection and/or delivery; 8.1.2. Failure to meet airport security requirements; Page 5
8.1.3. Failure to attend the collection or delivery of your Luggage item at the agreed times as specified in your Booking.
8.1.4. National or local disruption in ground or air network; 8.1.5. The actions of the Dutch Customs, the Dutch Border Force, the Civil Aviation Authority, the Police Force, any other regulatory or governmental authority or the airport operator.
8.1.6. Failure to ensure the luggage item is within the weight allowance as per the airline booking;
8.1.7. Failure to ensure the number of luggage items to be checked in is within the allowance as per the airline booking; and
8.1.8. Failure to directly advise us of any last minute amendments to your airline booking, including changes to flight, cancellation of flight and amendments to luggage allowances.
8.2. We shall not be liable for any damage to any Luggage item or its contents arising from any event outside our control or action by any third party including the actions of the Dutch Customs, the Dutch Border Force, the Civil Aviation Authority or the Police Service.
9. Data privacy
10. Our liability
10.1. It is the Customers’ responsibility to ensure that all Luggage items are insured to the value of the contents of the Luggage items. We do not insure any Luggage items independently, as we do not have access to details of their contents and value.
10.2. 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 breach of contract or otherwise which arises out of or in connection with the provision of or failure to provide the Services or their use by the Customer shall be limited as follows:
10.2.1. We shall have no liability for loss of or damage to Excluded Items or Prohibited Items; 10.2.2. In the case of lost or damaged Luggage items, whether in transit, temporary storage or otherwise, we will make payment in accordance with our compensation policy but our liability shall not in any event exceed (a) €500 in aggregate per Booking and (b) up to €250 in respect of an individual Luggage item;
10.2.3. In relation to the Services generally, our liability shall not exceed €500 in aggregate per Booking.
10.3. For the purposes of these Terms, damage excludes fair wear and tear associated with the transfer of Luggage items including damage to wheels, handles, zippers and fastenings.
10.4. In the event that a Luggage item is damaged whilst under our control we also reserve the right to make repairs to the Luggage item in lieu of any compensation for damage.
Where a luggage item cannot be repaired then a replacement will be offered of a similar size.
10.5. Subject to clause 10.2. in cases where the delivery of Luggage items is delayed and you confirm you are not making a claim under your travel insurance, our liability will be limited to reimbursing the Customer the reasonable cost of essential toiletries and essential clothing.
10.6. We shall not be liable to the Customer, for negligence, breach of contract or otherwise, for any indirect, special or consequential loss, nor for any losses arising from business interruption, wasted management time, loss of goodwill or loss of data, whether or not arising in the normal course of business.
10.7. 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 paragraph 8 of these Terms.
10.8. 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 amount of the claim within fourteen (14) days of the circumstances giving rise to the claim. You must then provide documentation supporting your loss within a further fourteen (14) days.
10.9. Although we provide Services in co-operation with airlines, the airlines are not responsible for our Services and have no liability, whether under or in connection with this Contract or otherwise, for our negligence, breach of contract or other failure in connection with the Services.
10.10. 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.
11. Your right to cancel
11.1. 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.
11.2. A Booking cancellation is only confirmed and complete when Customer receives a cancellation confirmation email from Bagpoint.
11.3. Cancellations must be made 2 hours or more before the booked collection time to be eligible for a refund. Bookings cancelled after Luggage items have been collected are not eligible for a refund. Additional costs may apply to repatriate Luggage items.
11.4. 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.
11.5. In addition to your right to cancel in accordance with paragraph 2 of these Terms, if you are a consumer in The Netherlands or any country that is a member of the European Union, you have a legal right to cancel a Booking under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 at any time until the expiry of the 14th Page 7
working day from the date the Contract between us is formed starting from the day after the day on which the Contract is formed. However, if you commence use of the Services before the expiry date of the 14-day cancellation period you will lose your right to cancel the Booking.
12. Our right to cancel
12.1 We reserve the right to cancel your Booking if the Domestic Delivery Address provided at the time of Booking is not an existing delivery address validated by us and we are unable to validate the address as a Domestic Delivery Address following your Booking. If we are unable to validate the address provided as a Domestic Delivery Address, we will notify you by email as soon as possible and provide you with the opportunity to provide us with an alternative Domestic Delivery Address.
12.2 We also reserve the right to cancel your Booking in accordance with our Fair Usage Policy set out in paragraph 7 of these Terms.