Executive Vacations Limited trading as The BaggagemanTERMS AND CONDITIONS.
When using the services of Executive Vacations Limited trading as the Baggageman (“ we“, “us” or “our”) and “you” or “your“, the Customer are agreeing on your behalf and on behalf of anyone else who may have an interest in the Baggage that these Terms and Conditions shall apply from the time you place an order with the Baggageman.
“Baggage” means your personal items contained in a suitcase or other suitable means of carriage which we have accepted for carriage from one address to another.
1. Unacceptable Items
We consider that the following are unacceptable items:-
1.1 If it is classified as hazardous material, dangerous goods, prohibited or restricted articles by the International Air Transport Association, International Civil Aviation Organisation, European Road Transport Association Regulations, any applicable government department, or other relevant organisation.
1.2 Any counterfeit goods, animals, bullion, currency, precious metals and stones; real or imitation firearms, parts thereof, weapons, explosives and ammunition; human remains, pornography or illegal narcotics/drugs, knives of all descriptions, medicines and medical equipment.
1.3 Any other item which we decide cannot be carried safely or legally or which may be listed on any literature which we may have published and communicated to you.
1.4 Gifts intended for third parties.
1.5 Any items which are defectively or inadequately packaged.
2.1 We may perform any of the following on your behalf:-
2.1.1. Complete any documents in order to provide our services to you.
2.1.2. Pay any duties or taxes required under applicable laws and regulations.
2.1.3 Act as your agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry.
2.1.4 In all and any dealings with HMRC for and on your behalf and/or the Owner of the Baggage we are deemed to be appointed and act as Direct Representatives as defined by Council Regulation 2193/92 or as amended.
3. Appointment of agents
We shall be entitled to:-
3.1 Procure any or all of our services as an Agent or to provide those services as a Principal.
3.2 When we act as Principal for any services we shall have full liberty to perform such services or subcontract the whole or any part of such services to third parties including our own parent, subsidiary, or associated companies.
3.3 We reserve a reasonable right to determine the means, route and procedure to be followed in the handling, storage and transportation of your Baggage
3.4 If delivery of the Baggage is not taken by you at the time and place stated in the order, we shall be entitled to store the Baggage at your sole risk and the cost of such storage shall be payable by you.
3.5 Where we are unable to deliver your Baggage because of an incorrect address we will make all reasonable efforts to find the correct address although additional charges may apply.
3.6 Where we are unable to complete the delivery of your Baggage we will try to leave a notice at the receiver’s address stating that delivery has been attempted and the whereabouts of your Baggage. If delivery has not been made after one more attempt by us or the receiver refuses to accept your Baggage we will try to contact you and agree the next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the Baggage and our charges (if any) for making a third or more delivery attempt and for the agree appropriate next action. If we do not receive your instructions within 30 days after our second attempt to deliver your Baggage then you agree that we may destroy or sell the content of your suitcase without any further liability to you.
3.7 Open and inspect your Baggage without notice.
Our charges are calculated according to the higher of actual or volumetric weight and any Baggage may be re-weighed and measured by us to confirm this calculation. If the weight or measurement exceeds that stated by you then we shall be entitled to charge for any additional costs incurred by us in the transportation of your Baggage and we shall be entitled to have a lien over your Baggage pending payment of any such excess charges.
5. You the Customer warrants:-
5.1 That the description and particulars of any items or goods furnished by you or on your behalf are full and accurate.
5.2. That all items have been properly prepared, labelled and marked in accordance with our requirements.
5.3 That none of your Baggage contains Unacceptable Items as defined in section 1 of these conditions.
6. Liability and Limitation
6.1 We shall perform our duties with a reasonable degree of care, diligence, skill and judgement.
6.2 We shall be relieved of liability for any loss or damage if such loss or damage is caused by:-
6.2.1 Strike, lock-out, stoppage or restraint of labour, the consequences of which we are unable to avoid by the exercise of reasonable diligence.
6.2.2 Any cause or event which we are unable to avoid and the consequences whereof we are unable to prevent by the exercise of reasonable diligence.
6.2.3 You will keep us indemnified against any liability assumed or incurred by us when by reason of carrying out your instructions we have reasonably become liable to any third party.
6.2.4. You will keep us indemnified against any liability assumed or incurred by us as a consequence of the carriage of Unacceptable Items
7. Our liability for loss or damage to your Baggage
We are members of the British International Freight Association (BIFA) and all our business is conducted strictly in accordance with BIFA’s trading conditions which shall be deemed to be incorporated in these conditions. These conditions contain limitations and exclusions and copies of these can be provided upon request. All trading conditions are in accordance with BIFA’S current conditions. In the event of there being any conflict between these terms and the Terms and Conditions of BIFA then BIFA’s terms will prevail.
7.1 Subject to any overriding conditions incorporated in BIFA’s current Terms and Conditions:-
7.1.1 Our liability is strictly limited to direct loss and damage only and to the limits set out in this section 7. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business) whether such loss or damage is special or indirect and even if the risk of such loss or damage or the potential was brought to our notice before or after acceptance of your Baggage. We shall not be liable under any circumstances for loss or damage to Unacceptable Items as defined in section 1 of these conditions.
7.1.2 In the case of claims for loss or damage to your Baggage we will pay either the value of the goods lost or damaged or a sum equal to the rate of two Special Drawing Rights (as defined by the International Monetary Fund) per kilo of the gross weight of the goods lost or damaged whichever shall be the lesser. However we are prepared to offer a concessionary payment of £20 per kilo subject to a maximum weight of 20 kilos.
7.1.3 If you require enhanced cover for your Baggage under the terms of our Marine Cargo Insurance policy please contact us for the proposal form and a premium quotation.
7.1.4 Where a suitcase is damaged during transit we will pay up to £45 compensation upon production of suitable evidence of damage. We may require you to send us the suitcase for inspection. We will pay the cost of carriage to our offices. We are unable to accept claims for cosmetic or minor damage to baggage, for example scuff marks, ripped labels and dents that do not affect the structure of the bag. This is general wear and tear that occurs during the normal handling of bags.
In the unlikely event of your Baggage being delayed in delivery to your appointed outbound destination we will pay the following compensation per case:-
Up to 24 hours £50.
Up to 48 hours £100.
A further payment of £50 per 24 hour period of delay will be paid up to a maximum of £250. No payment will be made for delay in the return of your Baggage. We reserve the right to ask you to obtain verification of the delay either through your travel agent, Tour Agent or hotel.
9. Cancellation or Alterations to your booking
9.1. Where you are travelling with a Tour Operator or Holiday Company then in the event of cancellation we will apply the same Terms and Conditions as the Tour Operator or Holiday Company in determining our respective entitlements.
9.2 Where you are travelling independently then the following scale shall apply:-
1. 61 days or more prior to pick up – Loss of deposit or administration fee where no deposit has been paid.
2. From 42 to 60 days – 30% of final invoice
3. From 28 to 41 days – 50% of final invoice
4. From 14 to 27 days – 75% of final invoice
5. 13 days or less prior to departure – 100% of final invoice
9.3 Please notify us in writing if you wish to make any alterations to your travel arrangements. Any alterations requested 60 days or more prior to departure may be charged at £30 per person as a minimum together with any costs or charges incurred by our carriers. Any alteration less than 60 days prior to departure may be treated as a cancellation and clauses 9.1 and 9.2 above will apply.
10. Claims Procedure
If you wish to claim for a lost, damaged or delayed Baggage you must follow the following procedure otherwise we reserve the right to reject your claim:
10.1 You must notify us about the loss, damage or delay within 7 days after delivery of your Baggage or within 7 days of the date your Baggage should have been delivered. If we send you a claim form you must complete it within 21 days from the date of issue fully completed together with all relevant paperwork in support of your claim. Where the claim relates to lost Baggage we may require production of receipts for items in order to establish their value
10.2 We will assume that your Baggage was delivered in good condition unless the receiver has noted any damage on our delivery record when he or she accepted the Baggage. We reserve the right to inspect your Baggage where the claim is for damage.
10.3 Your Baggage shall not be deemed to be lost until at least 30 days have elapsed since the date you notified us of non delivery
11. Complaints & Problems
We pride ourselves in providing a highly efficient personal service, but in the unlikely event that you may have reason to complain or experience any problems with our service you must immediately inform us. If the problem arises whilst you are on holiday call us on 01844-264890 (UK) or on 0044 1844-264890 (from abroad). Your call will be dealt with by a trained dedicated member of our staff who will do his utmost to resolve your problem as rapidly as possible so as to cause as little disruption as possible to the enjoyment of your holiday. We aim to address your problem within 24 hours as an absolute maximum.
If the problem arises upon your return to UK then any verbal notification must be put in writing within 28 days of your return to UK. We will respond with an acknowledgement and confirmation that we are investigating your complaint within 5 working days and will respond fully within 28 days at the latest.
12. Law and Jurisdiction.
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
13. Changes to Terms and Conditions
We reserve the right to amend these Terms and Conditions from time to time.