General Terms and Conditions of FlyingBag Service

Transcription

1 General Terms and Conditions of FlyingBag Service Article 1 : Object / Definitions This document sets out the general Terms and Conditions applicable to the booking of the FlyingBag Service (hereafter, the Service ) used by airlines passengers for their checked-in baggage which packing, volume and weight enable a quick and reliable handling and carriage with no risks of damage for the agreed suppliers used by COLITEL SASU to provide the Service. Within these conditions and except as otherwise provided for herein, the following terms are used with the meaning given below: «Airline» means the Airline company authorizing the FlyingBag Service on its flights following their terms and conditions ; «Baggage», means the baggage accepted for transportation by the Carrier and for which a collection or delivery order and a baggage tag have been issued ; «Baggage Identification Form» means a tag issued by the Airline for the sole purpose of identifying Checked Baggage and that includes a portion that is affixed to the Baggage ("Baggage Tag") and another portion that is issued to the Passenger for the identification of said Baggage ("Baggage Check"). «Baggage Tag» means the part of the Baggage Identification Form attached to Checked Baggage. «Carrier» means the supplier(s) used to provide the collection/delivery Service FlyingBag authorized by the COLITEL SASU; «Customer» means all person travelling on the Airline with a booked and paid ticket using the FlyingBag Service ; "Free Baggage Allowance" means the maximum quantity of Baggage (by number and/or weight and/or dimensions) determined by the Airline with which each Passenger may travel. «Passenger(s)» means any person who is in possession of a Ticket, except members of the crew, who is carried or to be carried by plane. «Collection/Delivery order» means a document issued by the Carrier in order to identify the checked-in Baggage. On this order will be sticked the Baggage tag used to identify the appropriate Baggage of the passenger ; «Service» means the delivery or collection Baggage FlyingBag Service offered to the Customers The Service is provided exclusively to Customers flying with an Airline booked and paid ticket. The collection or the delivery of the Baggage can only be proceeded after the online checkin of the Customer in order to enable the baggage tag issuance. Can only benefit the Service the following pieces : so called «ordinary» Baggage : all Baggage with sum of the three dimensions not exceeding 1,58m are entitled to the Service. Weight should also not exceed the Free Baggage Allowance and must remain under 23 kilos (all suitcases, softshell baggage, backpacks, skis and snowboards in their protection form are accepted). so called «oversized» Baggage : all Baggage with sum of the three dimensions not

2 exceeding 1,58m are entitled to the Service. Weight should also not exceed the Free Baggage Allowance and remains under 32 kilos (trolleys, packages, kidwagon). All sport equipments such as bicycles, tandems, diving, fishing equipments, all windsurfing and surfing equipments and hunting trophy are excluded of the Service. It is expressly stated that the total value of the Baggage and its content should not exceed the authorized transport value by the Airline (1000SRD). Therefore, Customer reponsibility is engaged to ensure the respect of the authorized value of the Baggage before its collection for the FlyingBag Service. All Baggage must be properly labelled with the name of the Customer. The label should clearly indicate the name, the address, the phone number of the Baggage owner. It is also recommended to insert inside the Baggage the same information label. Article 2 : Booking Each Customer can benefit the Service within the limit of 10 Baggage per Service and per Passenger. The Service rate is given at article 4 «Rate». The Service payment is done by the Customer while booking on the following website : Article 3 : Checkin /Collection and Delivery During the collection, the Carrier check the number and type of baggage indicated on the pick-up order established accordingly to the given information by the Customer during the booking done following hereunder conditions. For this reason only the Baggage mentioned on the Carrier collection order will be collected. The collection order will be signed by the Customer as a confirmation of Baggage collection. The appointment for the collection or delivery of the Baggage is defined during the online booking process by the Customer. This collection or delivery appointment must be taken at latest 48hours prior to the departure flight time. It can be modified by the Customer calling FlyingBag call-center at +33.(0) till 48hours prior to the departure flight time. FlyingBag customer center is available from Monday to Saturday It is the Customer responsibility to make the appointment for the collection or delivery of its Baggage but also to contact FlyingBag call-center in case of change on the number of Baggage given during the booking. The collection and delivery are done at the addresses given by the Customer during the booking process. Consequently, it is Customer responsibility to provide precise collection and delivery addresses and inform the FlyingBag call-center in case of modification that could affect them in order to benefit from the Service. Baggage collection conditions: Baggage are collected from Monday to Sunday between 10.00am and 08.00pm except restricted days established by the authorities. The customer can choose several delivery windows during the day ( , , , , ) Baggage must be collected 24hours latest to the flight departure time. The confirmation order of the Service must be shown to the Carrier during the collection process. Baggage delivery conditions : The Baggage delivery at the address given by the Customer will be possible Monday to Sunday from 10.00am till 10.00pm ; from 8hours after aircraft arrival time till 24hours except if the Customer request a later delivery time.

3 Article 4 : Service rate Rate is perceived at online booking confirmation. The regular rate is 80,00eur IVA included up to 4 baggage. Any extra Baggage will be charged 15,00eur IVA included per Baggage up to a maximum of 10 Baggage per order and Customer. Article 5 : Service modification and cancellation Any modification or cancellation of the Service by the Customer must be done 48hours before aircraft departure time. Under this limit, no change or cancellation will be possible (as well as any Baggage collection or delivery address change). Therefore no refund will be proceeded to the Customer who will be the only one responsible for change or cancellation of the Service. In case of flight cancellation after the Baggage collection, whatever the reason or the cause is, the Service rate and all Baggage forwarding costs to the Customer will be under the Airline or the Customer charge. Carrier will not be reliable to any compensation towards the Customer. If the cancellation is due to the airline the Customer can ask the refund to the after sales FlyingBag Customer Service providing the flight cancellation confirmation given by the Airline. This cancellation confirmation must clearly state that the cancellation of the flight is undr the Airline responsibility. Article 6 : The Customer's Obligations As a flying passenger, the customer must respect all safety Baggage obligations listed hereunder : (a) Passengers declare that they are fully aware of the content of all of their Baggage. (b) Passengers undertake not to leave their Baggage unattended from the time when they pack it and not to accept items from another passenger or any other person. (c) Passengers undertake not to travel with Baggage entrusted to them by a third party. (d) Passengers are advised not to include perishable or fragile items in their Baggage. If, however, the Passenger includes such items or objects in their Baggage, they must ensure that these are properly and securely packed and protected in suitable containers, in order not to damage these items and objects as well as Baggage belonging to other Passengers or the Carrier's aircraft. As a flying passenger, the customer must respect all Baggage Allowance obligations listed hereunder : (a) Maximum weight authorized by Baggage will be 32kg, all overweighted Baggage will be refused to collection without any possibility to modify the Baggage weight while proceeding to the collection. (b) The Customer will be able to fly with overweighted Baggage or extra Baggage Pieces only if the payment of the extra weight or extra piece has been fully paid prior to the baggage collection. All excess baggage conditions are available on the Airline website. (c) In any case, the checked in Baggage can not exceed the Baggage Allowance limit. All information related to the Airline Baggage allowance are available on the Airline website. (d) Any Baggage not complying with the former Baggage Allowance rules will be refused by the Carrier unless the due proof of excess Baggage is provided to the Carrier. As a flying passenger, the customer must respect ID / Passenger controls listed hereunder : (a) During the rendering of the Service for several Customers not family related (parents/children), all Customers will need to be present and will need to show their official ID papers. This will enable the Carrier to proceed to the proof of Identity of the Passenger and its Baggage. The lack of ID document will cancel the collection of the concerned

4 Baggage. (b) The Customer will need to put his name on every Baggage. (c) After the Baggage collection, the Carrier will give to the Customer its Baggage Tag and will ensure full safety of the Baggage till its checkin at the airport. In case of no respect of all these obligations by the Customer, the Carrier declines any responsibility towards the Customer or the Airline. Article 7 : Prohibited Items Passengers must not include in their Baggage any items for which carriage is prohibited or restricted by the applicable regulations and the law in force in any departure, arrival or transit State or State over which the aircraft flies, including in particular: (a) Items that are liable to endanger the aircraft, the persons or property on board, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in the Carrier s regulations, as applicable (additional information is available upon request from the Carrier); these items include, in particular, explosives, pressurised gas, oxidising, radioactive or magnetised substances, inflammable substances, toxic or corrosive substances and liquid substances of any kind (except for liquids contained in hand Baggage and intended for personal use by Passengers during their journey). (b) Items of which the weight, dimensions, configuration or nature make them unsuitable for carriage, in particular in light of the type of aircraft used. Information on these items will be provided to Passengers, on request. (c) Firearms and ammunition other than those intended for hunting or sport which, in order to be accepted as Checked Baggage, must be unloaded and suitably packed and have the safety catch on. The carriage of ammunition is subject to the ICAO and IATA Dangerous Goods Regulations, as stated in paragraph (a) above. (d) Cutting weapons, stabbing weapons and aerosols that may be used as attack or defence weapons, antique weapons, swords, knives and other weapons of this type. This type of item may not be transported in the cabin under any circumstances. They may nevertheless be included in Checked Baggage, subject to acceptance by the Carrier. (e) Live animals. Article 8 : Right to Refuse to Carry Baggage (a) The Carrier may, for security and/or safety reasons, refuse to carry or continue to carry a Passenger's Baggage if it contains the items listed in Article 7. above or if the Passenger has failed to comply with the obligations defined in Article 6. The Carrier has no obligation to take custody of refused Baggage and/or items. (b) The Carrier may, in particular for security, safety or hygiene reasons, refuse to carry any item that is incompatible with air carriage because of its dimensions, shape, weight, contents, configuration or nature, or refuse to continue to carry them, should they be discovered during a journey. (c) The Carrier may refuse to carry Baggage for which the Passenger has refused to pay the surcharge as defined in the Airline Terms and conditions. The Carrier has no obligation to take custody of refused Baggage and/or items. (d) The Carrier will not agree to carry animals. (e) The Carrier may refuse to carry in the hold Baggage that are not ready at the collection meeting time. In case of cancellation of the Service by the Airline due to one of the reason mentioned in the previous article, the Carrier will not be held responsible by the Customer and no compensation will be due to him.

5 Article 9 : Liability for damage and responsibilities The Carrier puts all his efforts to provide an efficient and successful Service. The Carrier will not be held responsible for any incomplete or failed Service which will be inherent to the Customer, the Airline or a force majeure case. If the Carrier s liability is incurred, it will be incurred under the following conditions: - Carriage performed under these General Conditions of Carriage is subject to the liability rules laid down by the Montreal Convention of 28 May 1999, and Regulation (EC) No 889 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in respect of the carriage of passengers and their baggage by air. - The Carrier s liability may not exceed the amount of proven direct Damage and the Carrier shall not be liable, in any way, for consequential Damage or any form of non-compensatory Damage. - The Carrier may in no way be held liable for Damage that results from compliance by the Carrier with any provisions of the law or regulations (laws, regulations, decisions, requirements and provisions) or a failure to comply with said same provisions by the Passenger. - The Carrier may not be held liable for Damage to Baggage, unless such Damage is caused directly by a failure or action on the part of the Carrier, one of its officials or agents, which must be proved by the Passenger citing such Damage. - The Carrier shall not assume any specific liability, other than that provided for any Damage and/or loss caused to fragile or valuable items or items that are not adequately packed unless the Passenger has made a Special Declaration of and has paid the corresponding surcharge. For Checked Baggage and with the exception of acts or omissions committed with the intention of causing Damage or imprudently and with an awareness that Damage could result therefrom, the Carrier s liability in the event of Damage shall be limited to 1,131 SDR per Passenger. If a higher value was declared, the Carrier s liability shall be limited to the value declared, unless the Carrier can provide proof that said value is higher than the Passenger s genuine interest at the time of delivery. Baggage check at collection and delivery steps. Specifically during the Baggage delivery, the Customer must check precisely the number, the condition and the content of the Baggage. The delivery order must be signed, dated and must indicate all damages and/or loss (missing Baggage, damage, etc ). The receipt of Checked Baggage without any complaint from the Passenger within the scheduled timeframes shall constitute a presumption, unless the Passenger provides proof to the contrary, that the Baggage was delivered in a good condition and in accordance with the Contract of Carriage. Any declarations made subsequently may not be taken into account. In the same way, any item noted as missing from Baggage must imperatively be declared to the Carrier and Airline as soon as possible. Any late declarations may not be taken into account. If a complaint is not filed within the time limits stipulated (3) three days from the delivery date and time, all action against the Carrier shall be inadmissible, except in the event of fraud by the Carrier Article 10. Limitations on liability Your rights and the liability of the Carrier in the case of failure to perform or improper performance of the contrct with them depends on the applicable relevant conditions of carriage of the Carrier, which may restrcit liability and, when applicable, the conditions on liability set out in the Terms and Conditions previously.

6 The Customer agrees that the Carrier therefore will not be liable for the failure, negligence or breach of duty, law or contract of any Carrier. The Customer also agree that the Carrier is not liable for the theft, loss or damage to the Baggage or for any loss caused by a force majeure event. Article 11 : Force Majeure Neither we nor the Carrier will be liable for any delay, poor performance or failure in performance caused by a Force Majeure event which affects FlyingBag s collection or delivery. Article 12 : Governing Law The laws of France shall apply to all disputes howsoever arising in connection with the booking and the supply by FlyingBag of the Services requested and the contract between the Customer and FlyingBag, and the Bobigny Court, head office juridction of COLITEL SASU SARL shall have sole jurisdiction.