Terms and Conditions
The Customer's attention is drawn to the Clauses here of which exclude or limit The Baggage Handling Company liability and those that require the Customer to indemnify The Baggage Handling Company in certain circumstances.
DEFINITIONS AND APPLICATION
- In these Conditions:-
"Company" Is The Baggage Handling Company
"Person" Includes persons or any Body or Bodies Corporate.
"Customer" Means any person at whose request or on whose behalf The Baggage Handling Company undertakes any business or provides advice, information or services. - (A) Subject to Sub-Paragraph (B) below, all and any activities of The Baggage Handling Company in the course of business whether gratuitous or not are undertaken subject to these Conditions.
(B) If any legislation is compulsorily applicable to any business undertaken, these Conditions shall, as regards such business, be read as subject to such legislation and nothing in these Conditions shall be construed as a surrender by The Baggage Handling Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation and if any part of these Conditions be repugnant to such legislation to any extent such part shall as regards such business be overridden to that extent and no further. - The Customer warrants that he is either the Owner or the authorised Agent of the Owner and also that he is accepting these Conditions not only for himself but also as Agent for and on behalf of the Owner.
- (A) Subject to Clauses 11 and 12 below, The Baggage Handling Company shall be entitled to procure any or all of its services as an Agent or to provide those services as a Principal.
(B) The Baggage Handling Company shall on demand by the Customer provide evidence of any Contract entered into as Agent for the Customer. Insofar as The Baggage Handling Company may be in default of this obligation, it shall be deemed to have contracted with the Customer as a Principal for the performance of the Customer's instructions. - When The Baggage Handling Company contracts as a Principal for any services, it shall have full liberty a) to perform such services itself or b) to subcontract the whole or any part of such services to third parties (including The Baggage Handling Company the Company's own parent, subsidiary, or associated companies).
- When The Baggage Handling Company acts as an Agent on behalf of the Customer, The Baggage Handling Company shall be entitled (and the Customer hereby expressly authorises The Baggage Handling Company) to enter into all such Contracts on behalf of the Customer as may be necessary or desirable to fulfill the Customer's instructions and subject to the trading conditions of the parties with whom such contracts are made.
- The Baggage Handling Company reserves to itself a reasonable liberty as to the means, route and procedure to be followed in the handling, storage and transportation of goods.
- (A) Except under special arrangements previously made and agreed in writing or under the terms of a printed document signed by The Baggage Handling Company, any instructions relating to the delivery or release of goods in specified circumstances only, such as (but without prejudice to the generality of this Clause) against payment or against surrender of a particular document, are accepted by The Baggage Handling Company where The Baggage Handling Company has to engage third parties to effect compliance with the instructions, only as Agents for the Customer.
(B) The Baggage Handling Company shall not be under any liability in respect of such arrangements as are referred to under Sub-Clause (A) hereof save where such arrangements are made in writing.
(C) In any event, The Baggage Handling Company liability in respect of the performance or arranging the performance of such instructions shall not exceed the limits set out in Clause 26(A) (ii) of these Conditions. - (A) The Baggage Handling Company will not accept or deal with bullion, coin, precious stones, jewellery, valuables, antiques, pictures, human remains, livestock, pets or plants. Should any Customer nevertheless deliver any such goods The Baggage Handling Company or cause the The Baggage Handling Company handle or deal with any such goods The Baggage Handling Company shall be under no liability whatsoever for or in connection with such goods howsoever arising.
(B) The Baggage Handling Company may at any time waive its rights and exemptions from liability under Sub-Clause (A) above in respect of any one or more of the categories of goods mentioned herein or of any part of any category. If such waiver is not in writing, the onus of proving such waiver shall be on the Customer. - Except following instructions previously received in writing and accepted by ,The Baggage Handling Company the Company will not accept or deal with goods of a dangerous or damaging nature, nor with goods likely to harbour or encourage vermin or other pests, nor with goods liable to taint or affect other goods. If such goods are accepted pursuant to a special arrangement and then in the opinion of The Baggage Handling Company they constitute a risk to other goods, property, life or health, The Baggage Handling Company shall where reasonably practicable contact the Customer, but reserves the right at the expense of the Customer to remove or otherwise deal with the goods.
- Where there is a choice of rates according to the extent or degree of the liability assumed by carriers, warehousemen or others, no declaration of value where optional will be made except under special arrangements previously made in writing.
THE CUSTOMER
The Customer warrants:
- (A) that the description and particulars of any goods furnished by or on behalf of the Customer are full and accurate.
(B) that all goods have been properly and sufficiently prepared, packed, stowed, labeled and/or marked, and that the preparation, packing, stowage, labeling and marking are appropriate to any operations or transactions affecting the goods and the characteristics of the goods.
(C) that where The Baggage Handling Company receives the goods from the Customer already stowed in or on a container, or any other device specifically constructed for the carriage of goods by land, sea or air (each hereafter individually referred to as "the transport unit" ), the transport unit is in good condition, and is suitable for the carriage to the intended destination of the goods loaded therein or thereon. - Should the Customer otherwise than under special arrangements previously made in writing as set out in Clause 14 above deliver to The Baggage Handling Company or cause The Baggage Handling Company to deal with or handle goods of a dangerous or damaging nature, or goods likely to harbor or encourage vermin or other pests, or goods liable to taint or affect other goods, he shall be liable for all loss or damage arising in connection with such goods and shall indemnify The Baggage Handling Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the goods may be dealt with in such manner as The Baggage Handling Company or any other person in whose custody they may be at any relevant time shall think fit.
- The Customer undertakes that no claim shall be made against any Director, Servant, or Employee of The Baggage Handling Company that imposes or attempts to impose upon them any liability in connection with any services that are the subject of these Conditions and if any such claim should nevertheless be made, to indemnify The Baggage Handling Company against all consequences thereof.
- The Customer shall save harmless and keep The Baggage Handling Company indemnified from and against:-
(A) All liability, loss, damage, costs and expenses whatsoever (including without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the goods) arising out of The Baggage Handling Company acting in accordance with the Customer's instructions or arising from any breach by the Customer of any Warranty contained in these Conditions or from the negligence of the Customer, and
(B) Without derogation from Sub-Clause (A) above, any liability assumed or incurred by The Baggage Handling Company when by reason of carrying out the Customer's instructions The Baggage Handling Company has reasonably become liable or may become liable to any other party, and
(C) All claims, costs and demands whatsoever and by whomsoever made or preferred in excess of the liability of The Baggage Handling Company under the terms of these Conditions regardless whether such claims, costs and demands arise from or in connection with the negligence or breach of duty of The Baggage Handling Company, its Servants, Sub-Contractors or Agents, and
(D) Any claims of a General Average nature which may be made on The Baggage Handling Company. - (A) The Customer shall pay to The Baggage Handling Company in cash or as otherwise agreed all sums immediately when due without reduction or deferment on account of any claim, counterclaim or set-off.
(B) In respect of all sums which are overdue, the Customer shall be liable to pay to The Baggage Handling Company interest calculated at 8% above the prevailing Base Rate of the London clearing banks. - Despite the acceptance by The Baggage Handling Company of instructions to collect freight, duties, charges or other expenses from the Consignee or any other person the Customer shall remain responsible for such freight, duties, charges or expenses on receipt of evidence of proper demand and in the absence of evidence of payment (for whatever reason) by such Consignee or other person when due.
- Where liability for General Average arises in connection with the goods, the Customer shall promptly provide security to The Baggage Handling Company or to any other party designated by The Baggage Handling Company in a form acceptable to The Baggage Handling Company.
LIABILITY AND LIMITATION
- The Baggage Handling Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.
- The Baggage Handling Company shall be relieved of liability for any loss or damage if and to the extent that such loss or damage is caused by:-
(A) strike, lock-out, stoppage or restraint of labour, the consequences of which The Baggage Handling Company is unable to avoid by the exercise of reasonable diligence;
(B) any cause or event which The Baggage Handling Company is unable to avoid and the consequences whereof The Baggage Handling Company is unable to prevent by the exercise of reasonable diligence. - (A) Subject to clause 2(B) and 11(B) above and sub-clause (D) below The Baggage Handling Company liability howsoever arising and notwithstanding that the cause of loss or damage be unexplained shall not exceed
(i) in the case of claims for loss or damage to goods: (a) the value of any goods lost or damaged, or (b) a sum at the rate of two Special Drawing Rights as defined by the International Monetary Fund (hereinafter referred to as SDR's), per kilo of the gross weight of any goods lost or damaged whichever shall be the least.
(ii) in the case of all other claims: (a) the value of the goods the subject of the relevant transaction between The Baggage Handling Company and its Customer, or (b) a sum at the rate of two pounds per kilo of the gross weight of the goods the subject of the said transaction, or (c) 150 pounds in respect of any one transaction whichever shall be the least.
For the purposes of Clause 27(A) the value of the goods shall be their value when they were or should have been shipped. The value of pounds shall be calculated as at the date when the claim is received by The Baggage Handling Company in writing.
(B) Subject to Clause 2(B) above, and Sub-Clause (D) below, The Baggage Handling Company liability for loss or damage as a result of failure to deliver or arrange delivery of goods in a reasonable time or (where there is a special arrangement under Clause 26) to adhere to agreed departure or arrival dates shall not in any circumstances whatever exceed a sum equal to twice the amount of The Baggage Handling Company charges in respect of the relevant transaction.
(C) Save in respect of such loss or damage as is referred to at Sub-Clause (B) and subject to Clause 2(B) above and Sub-Clause (D) below, The Baggage Handling Company shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, loss of market or the consequences of delay or deviation however caused.
(D) By special arrangement agreed in writing, The Baggage Handling Company may accept liability in excess of the limits set out in Sub-Clauses (A) to (C) above upon the Customer agreeing to pay The Baggage Handling Company additional charges for accepting such increased liability. Details of The Baggage Handling Company additional charges will be provided upon request. - (A) Any claim by the Customer against The Baggage Handling Company arising in respect of any service provided for the Customer or which The Baggage Handling Company has undertaken to provide shall be made in writing and notified to The Baggage Handling Company
within 14 days of the date upon which the Customer became or should have become aware of any event or occurrence alleged to give rise to such claim and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred except where the Customer can show that it was impossible for him to comply with this Time Limit and that he has made the claim as soon as it was reasonably possible for him to do so.
(B) Notwithstanding the provisions of Sub-Paragraph (A) above The Baggage Handling Company shall in any event be discharged of all liability whatsoever howsoever arising in respect of any service provided for the Customer or which The Baggage Handling Company has undertaken to provide unless suit be brought and written notice thereof given to The Baggage Handling Company within nine months from the date of the event or occurrence alleged to give rise to a cause of action against The Baggage Handling Company.
JURISDICTION AND LAW
- These Conditions and any act or contract to which they apply shall be governed by English Law and any dispute arising out of any act or contract to which these Conditions apply shall be subject to the exclusive jurisdiction of the English Courts.
The Baggage Handling Company reserves the right to pass on to it's customers charges received in relation to taxes or customs duties levied against each, and all, items delivered on behalf of the customer, for whatever reason, and wherever any breach of terms is made, in any event, by the customer. All customers accept these charges from The Baggage Handling Company whenever they enter into a contract to deliver any items, as requested by the customer. These terms apply to retrospective charges also.
LUGGAGE WEIGHT ALLOWANCES
All luggage items delivered within the EU are priced according to the following weight allowances:
UK Weight Allowances
Holdalls or small suitcase, Pushchairs & Golf Clubs - 20 kgs
Medium Suitcase - 20 kgs
Large Suitcases - 25kgs
Extra Large Suitcase - 30 kgs
If actual weights and/or dimensions exceed either the limits above or the weight and dimensions given to us when you place the order, we may need to adjust the charges accordingly. These prices may vary, and some adjustments may occur retroactively after the order has been completed. All items exceeding these weight allowances are subject to additional charges at £5.00 per kilo for International deliveries and £2.50 per kilo for UK Domestic (plus VAT at the prevailing rate, where applicable) with all excess weight rounded up to the nearest kilo. Weight allowance per item is a maximum of 30kgs. The Baggage Handling Company reserves the right to alter or amend these charges at any time without prior notification. Health & Safety legislation determines that no one piece/item may weigh more than 30kgs. Any item overweight may be refused delivery and may cause serious delays to your order. Each item MUST be able to be lifted by an individual.
If you have any questions regarding these allowances please contact The Baggage Handling Company either via our web site or by telephone on 02380 873111.
LOCKING AND SECURITY OF LUGGAGE
All luggage items will be security sealed by the The Baggage Handling Company on collection. Further, it is recommended that all customers label their luggage items clearly on the outside.
POWER OF ATTORNEY
Where the customer undertakes to have items delivered they automatically provide Power Of Attorney to The Baggage Handling Company upon acceptance of these terms and conditions and when entering into a contract with The Baggage Handling Company to provide services.
INCORRECT INFORMATION
Where the customer supplies any and all information for the collection and/or delivery of items they shall indemnify the company for non-delivery of consignments due to:
A) Incorrect information
B) Persons not present at specified addresses for the collection of , or, to receive goods
ACTS OF GOD
The customer also indemnifies The Baggage Handling Company against all costs involved or incurred through Acts Of God.
RESERVATION CANCELLATION FEES
The Baggage Handling Company will charge a cancellation fee, to cover administrative charges, of £15.00 for UK transactions and where a minimum of 7 business days notice is given by the client. The Baggage Handling Company reserves the right to terminate any booking prior to the actual collection date if circumstances occur whereby delivery will not be possible due to amendments to any countries import requirements which would entail delays or potential delays or failure to complete a door to door delivery. If such instances occur, re-imbursement of charges shall be issued to the client's credit card accordingly, in full.
INSURANCE REIMBURSEMENTS
Customer consignments shall be insured up to a value of £250.00 for loss or damage of luggage contents only, arising through provision of services by The Baggage Handling Company from the time of verified collection to the time of verified delivery only. All claims must be made in writing to The Baggage Handling Company (email accepted) within 7 days of the occurrence. Any claims outside this period will not be accepted in any instance.
Personal Effects
Personal Effects will be the items of used clothing and footwear that will be required or used for the purpose of the client's vacation. Brand new, unpacked, items are prohibited from carriage, and may incurr delays through Customs and Borders. Any client deemed to have breached this term understands that they will be responsible for any such delay and will not be able to apply for recompense in such cases
Restricted Items
Any items packed in any type of luggage that breaches our 'restricted items' conditions (listed in the restricted Items available on the bookings page) that incurr additional charges of taxes or duties, or sustain damage in transit, will be the sole responsibility of the Customer and The Baggage Handling Company reserves the right to seek full re-imbursement from the Customer for all costs involved, including management fees. Restricted Items The following items are deemed unsuitable for shipment by our services, and are therefore restricted. Any of these items being sent may result in surcharges, delays or confiscation by authorities where appropriate. No transit cover or guarantees whatsoever will apply to these items. THESE ITEMS ARE SENT AT YOUR OWN RISK. * Articles of exceptional value (eg. works of art, antiques, precious stones, gold and silver) * Furniture * Glass / Crystal / Ceramic / Porcelain/ Plaster / Marble / China / Stone / Resin - (or any item containing these materials) * Laptops / Monitors / Computers / Cameras * Perishable goods * Plants / Seeds / Flowers * Televisions / Plasma & TFT Screens, Monitors, Gifts of any kind (regardless of any packing).
Customs/Security Checks
Wherever Customs/Security officials, of any destination, check any items being delivered, The Baggage Handling Company will make every attempt to ensure that luggage is delivered as per the requested delivery date. However if such instances do occur, the client, by agreeing to our terms and conditions, accepts that delays may occur, and that they will not receive compensation, or discounted rates, where such instances do occur.
Luggage Identity & Description
The Baggage Handling Company will provide security luggage tags to be attached to each piece of luggage for the collection and delivery of such items, however, in each instance, the client will remain responsible for ensuring that each luggage piece is clearly identified with contact/delivery details including full contact address, postal/zip codes and contact telephone details. Any items not clearly identified may result in delayed delivery of such items. In addition ALL items must be clearly identified as to their size and description. Any incorrect OR inaccurate descriptions may result in refusal to accept the items for carriage, by the collecting agent. In all such instances any additional charges incurred will be the responsibility of the client, and all charges must be settled in full, prior to re-collection.
Luggage collection/delivery access
All items being collected MUST be able to be lifted by one person. Access to multi-storey buildings must be via a lift/elevator. Any items deemed too heavy or large by the collecting agent may result in refusal to accept the goods for carriage. This would result in a delay of delivery and may incurr additional charges, for which the client would be liable.
Impossibility of performance
The Baggage Handling Company and it's appointed carriers shall be relieved of their obligation to perform the Contract to the extent that the performance is prevented by failure of the Customer, fire, weather conditions, industrial dispute, labour disturbance or cause beyond the reasonable control of The Baggage Handling Company or it's appointed carriers.
PRIVACY POLICY STATEMENT
We collect information from the customer when they place an order on our website. It is necessary to take name, address, email address & credit/debit card information. We use this information to process transactions. We have security measures in place to maintain safety of your details when you place an order. These measures include password protected databases.
After a transaction your financial details are not stored. We do not disclose information to outside parties. Please visit our terms and conditions on our website for information on insurances & liability.