1.- Subject Matter and Scope
PROTECHTED BAGS S.L. (hereinafter, the “COMPANY”), holding Spanish tax identification number (CIF) B-87729349, and domiciled at Calle Serrano Anguita, num. 13, 28.005, Madrid, is mainly engaged in transferring luggage and, in some occasions, depending on the flight which has been booked by the client (“CLIENT”), the COMPANY also offers to check-in said luggage on behalf of the passenger for its delivery to the handling agent of the airline (jointly and individually, the “SERVICE”) from the collection point to the Airport. The COMPANY is registered in the Mercantile Registry of Madrid, Volume 35626, Sheet 1, Page M640298, and its web domain is “bob.io.”. The contact details of the COMPANY are the following: its telephone number is +34 911 984 997 , and its email address firstname.lastname@example.org.
When hiring the services of the COMPANY, you – playing the role of CLIENT – are showing your agreement on the present terms and conditions (los “TyC”) being applied form the moment you contract the SERVICE of the COMPANY. These TyC will be applicable to any document which is created by the systems of the COMPANY, and which will be considered as a delivery note for all legal purposes.
The “Web Page” of the COMPANY is the present one.
When referring to “Airport”, it is meant to allude to the airports which the COMPANY is able to provide the SERVICE at any time and which are identified in the Web Page and during the contracting process of the SERVICE by the CLIENT.
2.- Service Payment and Cancellation Policy
The CLIENT will pay in advance the quantity which is specified in the current fees by the hired SERVICE. The prices of said fees do include the VAT, in compliance with the current legislation in any moment.
The CLIENT will be able to pay the fees for the SERVICE using a credit card, or any other payment methods which the COMPANY offers to the CLIENT. In any way, the CLIENT is ought to follow the instructions which they provide them.
Every data which is supplied by the CLIENT for the use of any payment method will be encrypted under the SSL Protocol (Secure Socket Layers).
The CLIENT must notify the COMPANY through the email address email@example.com, as soon as possible, of any undue or fraudulent charge of which they realize in their credit card or other payment methods, in aim of the COMPANY being able to take tha actions which correspond to process the CLIENT’s application.
The CLIENT will be allowed to cancel the hired service, in compliance with the following conditions: if it is canceled a minimum of 2 hours before the time which has been set for the collection of the luggage, the payment will be completely refunded; if the SERVICE is indeed canceled with less notice, there will not be any refund whatsoever.
As long as the requisites which have been specified are followed, the COMPANY will make the refunds in 7 working days from the notification, without prejudice to the regular delays of the banking entities.
The COMPANY will do its best for avoiding any inconvenient to the CLIENT. Nevertheless, if facing force majeure (traffic restrictions in collections points, any technical problem in the vehicle, etc.), the COMPANY has the right to cancel the SERVICE, having to notify the CLIENT as soon as possible and the latter not having any right for compensation.
The COMPANY will also be able to cancel the SERVICE if in the collection moment there is any of the following circumstances: (i) the luggage is damaged in a way that the avoidance of the handling of the content cannot be assured, (ii) the luggage does not comply with the weight limits and the dimensions which are stated in these TyC. In these cases, there will not be any refund to the CLIENT.
It is forbidden to hand any luggage whose content countervails the law, the morality, or good manners, or whose transport would be illegal in terms of the current law; being the COMPANY exonerated of any liability which could be resulted from the incompliance with the present prohibition by the CLIENT.
This prohibitions include, but are not limited to, the fact that the luggage which is handed by the CLIENT and transported by the COMPANY contains, amongst others, jewellery, metals or gems, or objects which carry them; documents or bank bills to the bearer, cash, lottery or similar, fragile or valuable objects, radioactive materials, stolen material, explosives, weapons, illegal drugs and narcotics, and, in general, dangerous merchandises. .
The collection of luggage which is not properly closed or which cannot be sealed by security flanges will not be allowed. The collection of plastic bags – with handles or similar – will never be permitted. Neither will be the luggage which is damaged in a way that the handling of its content is possible.
A package will be considered as apt for tis consign as long as it has the following characteristics:
- A maximum of 210cm (height + width + depth); y,
- A weight up to 32kg.
In case the package(s) does overstep the previous characteristics, the COMPANY could reject its collection, in compliance with the Cancellation Policy which has been previously described, not having the CLIENT any right for compensation.
5.- Liability And Claims
The liability for damages, loss, misdirection, deterioration, theft, robbery, which the luggage or/and its content may suffer will be limited to the terms stated by the Law 15/2009, of Contract of Land Transport. Nonetheless, the COMPANY offers a complementary coverage in case of damages, loss, misdirection, deterioration, theft, robbery which the luggage and/or its content may suffer up to 300 € THREE HUNDRED EUROS per package. For this coverage to be applicable, the CLIENT must prove the real value of the luggage and/or its content. Bills which are more than 6 months old will not be accepted, and they must appear in name of the CLIENT.
In addition, the coverage will not apply to the damages, loss, misdirection, deterioration, theft, robbery that could happen to computer or electronic equipment, or to mobile telephones, or to products which are included in section 3.
The CLIENT will be able to
make those claims which they believe rightful, as long as it complies with the
TyC and taking in consideration the following: I. The claims will be limited to one per package,
and it liquidation will be thought as final for every losses and damages which
have been done to said package.
II. The claims have a process time of 15 working days from the date of execution of the issue with the COMPANY and/or the insurance.
6.- Coverage Area
The CLIENT will be able to hire the SERVICE as long as the collection point of their luggage is placed in the territory which is identified in any moment in the COMPANY Web Page as collection place.
Said territory will be
hereinafter called “THE COVERAGE AREA”.
For collection or delivery outside THE COVERAGE AREA it will be necessary to contact the COMPANY, which reserves the right to accept or reject said SERVICE.
The luggage will be collected in the address which is specified by the CLIENT, as long as it is within THE COVERAGE AREA.
In case it is impossible to collect the luggage in the place which had been initially specified due to the absence of the CLIENT, and after a maximum of 15 minutes of wait by the COMPANY, the COMPANY will contact the CLIENT to agree a new collection. If the CLIENT gave new instruction for the collection to the COMPANY, they will have to pay an additional 50 percent of the original price of the service for this new collection. If, after 15 minutes of wait, the CLIENT does not answer or they do not give any new instructions for the collection of the luggage, the COMPANY will not refund the payment done previously by the CLIENT.
In case it is impossible to collect the luggage in the place which had been initially specified due to the absence of the COMPANY, and after a maximum of 15 minutes of wait by the CLIENT, the COMPANY will contact the CLIENT to agree a new collection. The COMPANY will refund the original payment of the SERVICE to the CLIENT, and the new collection will be free of charge. The COMPANY will be able to sub-hire collaborators for the SERVICES, who will be in possession of the legal requisites which allow them to the doing of this activity and who will have enough knowledge for the activity they undertake, for which the COMPANY will assume the formation, following and control over these collaborators. The collaborators will offer the same average quality which is set by THE COMPANY.
8.1. Transfer service: delivery of the luggage to the CLIENT(without check-in)
The luggage will be delivered to the specified point by the COMPANY in the DELIVERY AREA which is stated by the COMPANY in any case.
Absence of the Client in the delivery place: in case it is impossible to collect the luggage in the place which has been initially specified due to the absence of the CLIENT, and after a maximum of 15 minutes of wait by the COMPANY, the COMPANY will contact the CLIENT to agree a new collection. The CLIENT will have to pay an additional 50 percent of the original price of the service for this new collection
Before the impossibility of contacting the CLIENT, and not being able to deliver the luggage, it will be brought to the facilities of the COMPANY. In this case, the CLIENT will not have any right of refund of the previous payments, or any right of compensation. If they wanted to recover the luggage, the CLIENT will have to hire again the SERVICE of the COMPANY and to pay a penalty of an additional 50% of the cost of the transport, for the storage of the luggage.
In the moment of the delivery, the CLIENT’s handwritten or digitalized signature, along with its reproduction, will be enough proof and the parties recognize an identical value to this signature to a traditional signature onto paper.
Abandonment of luggage: the luggage will be believed as abandoned if, after three months from the date in which the luggage should have been delivered to the CLIENT in the DELIVERY AREA stated by the COMPANY, the CLIENT has not claimed it. In this case, the COMPANY will be able to deliver the luggage to the Airport locker. In any case, the COMPANY reserves the right to take the corresponding legal rights, to the effects of covering every expense which has been originated due to the abandonment of the luggage.
Absence of the COMPANY in the delivery place: In case it is impossible to collect the luggage in the place which had been initially specified due to the absence of the COMPANY, and after a maximum of 30 minutes of wait by the CLIENT, the COMPANY will contact the CLIENT to agree the delivery of the luggage directly to the CLIENT’s destination address, being this delivery free of charge for the CLIENT.
In case a delay in the delivery of the luggage happened due to a cause attributable to the COMPANY which implies it cannot be embarked on time in the corresponding transport to its destination. The COMPANY will deliver the luggage by urgent transport to the place which has been indicated by the CLIENT, being free of charge for them.
8.2. Check-in service: delivery of luggage to the handling agent
If the CLIENT hires the check-in service for its luggage, the COMPANY will undertake all the necessary actions in name of the CLIENT before the handling agent in the Airport, so that they check it in.
The CLIENT is responsible of complying with all the documentation and luggage requisites which are demanded by the airline for flying. Therefore, they would have to hand all the documents which are necessary for doing the check-in of the luggage.
Rejection of the luggage or lack of the passenger’s documentation noticed by the handling agent (e.g. lack of visa, expired passport, etc.)
In case the handling agent of the airline responsible for the luggage rejects the CLIENT’s luggage for a cause not attributable to the COMPANY, the COMPANY will immediately communicate it to the CLIENT and in case before the departure of the flight in question, and it will give the possession of the luggage to the CLIENT in the Airport or it will store it in the Airport locker. In this case, the COMPANY would have complied with the SERVICE contracted, not existing thus any right of compensation for the CLIENT whatsoever.
If the handling agent warns BOB of the lack of a specific document or of the inaccuracy of the same so the passenger will not be able to enter the destination country, the COMPANY will communicate immediately this issue to the CLIENT, and in any way before the departure of the flight in question, and it will proceed the same way for the rejection of the luggage which has been previously described. In this case, the COMPANY will have fulfilled the SERVICE contracted, not exiting any right of compensation for the CLIENT.
If the COMPANY was not responsible for the rejection of the luggage or of the passenger by the handling agent, it will not assume any cost which is originated from said rejection. Consequently, the CLIENT will be obliged to refund any cost in which the COMPANY incurs for this rejection by the handling agent, being able the latter to directly charge the quantity to the credit card or the payment method used if possible.
Extra cost of the luggage in the check-in counter If the handling agent demands the payment of a certain quantity due to overweight or excessive dimensions of the luggage, or the excess of the number of packages, or any other concept which is applicable to the luggage following the fees of the airline, the COMPANY will pay it on behalf of the CLIENT, being able the COMPANY to charge it directly to the credit card or payment method which has been used.
9.- Agreement to the Terms and Conditions
When hiring the SERVICE through a written application or through an electronic application which is stablished in the Web Page, the CLIENT will indicate, by crossing the corresponding box, that they agree to the present “terms and conditions”
The COMPANY reserves the right to renounce to transport the luggage or to suspend the transport if it had already began, in the cases of incompliance by the CLIENT with that stablished in the present TyC.
10.- Access and usage of the web
The access to the web is free of charge for its users. Generally, the access and the use of the web do not require the previous subscription or registration of the users.
The language which will be used by the COMPANY in the web will be Spanish for all the CLIENTS who access it through a dispositive which is configured in Spanish as the language of its browser. For CLIENTS who access the web through a browser which is set in a language other than Spanish, the language used by the COMPANY will be English. The COMPANY will not be responsible for the lack of comprehension or understanding of the language of the web by the user, or its consequences.
10.1. Permitted conditions of use
The CLIENT will be able to use this Web Page, along with printing and downloading extracts of the same for its personal, non-commercial, use, as long as they comply with the following rules:
10.1.1. Fraudulent use of the Web Page of the COMPANY is forbidden.
10.1.2. Unless different conditions are stablished, the copyright and the rest of intellectual and industrial property rights in this Web Page and of the content which is published in it (included but not limited to photos and graphic images) are owned by the COMPANY or the licensors of the COMPANY. These are protected by the laws and the conventions on intellectual property and copyright in the whole world, and the rights are reserved. To the effects of the TyC of this Web Page, it is forbidden any use of the extracts of this Web Page other than which is stablished in section 10.1.
10.1.3. It is prohibited to modify the digital copies or in paper of any content which is printed following section 10.1, and no drawing, photo or graphic, audio or video sequence, can be used independently to any text which accompanies it.
10.1.4. It will have to assure that the condition of the COMPANY as author of the content in this Web Page is always recognized.
10.1.5. It will not be able to use any of the contents of this Web Page, or the Web Page itself, to commercial effects without obtaining a license from the COMPANY for doing it. No natural o legal person, without the prior written consent from the COMPANY, could use this Web Page for commercial purposes. Web scraping is forbidden.
11.- Data handling
12.- Legislation and Jurisdiction
The Law 15/2009, of the Contract of Land Transport of Merchandises will be applicable to the transport services, along with the general contracting conditions which are stated by the Ministry of Development and the rest of legal dispositions existing in each moment. Any disputes in connection with the application or the interpretation of the present conditions shall be submitted by the Parties to the jurisdiction of the Courts and Tribunals of the city of Madrid, while waiving the application of any territorial laws which could correspond to them.