1.- Object and Scope of Application
PROTECHTEDBAGS S.L. (hereinafter, the “COMPANY“), with Tax Identification Number B-87729349 and registered office in Madrid (28. 004), Calle Serrano Anguita 13, provides the luggage transfer service and, on some occasions, depending on the flight contracted by the client (“CLIENT“), also provides the service of checking in the luggage on behalf of the passenger for delivery to the handling agent at the airport of origin and the luggage collection service at the baggage reclaim belt at the airport of destination and its transfer to the point agreed with the CLIENT at the time of contracting the service (jointly and indistinctly, the “SERVICE“). The COMPANY is registered in the commercial register of Madrid, Volume 35626, Folio 1, Page M640298 and is hosted in the web domain bob.io.
The contact details of the COMPANY are as follows: The contact telephone number is +34 919 019 961 and the e-mail address is firstname.lastname@example.org.
By contracting the COMPANY’s services, you, as the CLIENT, agree that these terms and conditions (the “T&C“) shall apply from the moment you contract the COMPANY’s SERVICE. These T&Cs shall apply to any document produced by the COMPANY’s systems, which shall be considered as a delivery note for all purposes.
The “Website” of the COMPANY is this website.
“Airport” means the airports at which the COMPANY may provide its services at any given time and which are identified on the Website and during the booking of the SERVICE by the CLIENT.
2.- Payment and Cancellation Policy
The CLIENT will pay in advance the amount indicated in the current rates for the contracted SERVICE. The prices include VAT, in accordance with the legislation in force at any given time.
Means of payment
The CLIENT may pay the contracted SERVICE fees by credit card or any other means of payment available to the COMPANY and made available to the CLIENT. In any case, the CLIENT must follow the instructions indicated in each case.
All data provided by the CLIENT for the use of any means of payment are encrypted under the SSL (Secure Socket Layers) protocol.
The CLIENT must notify the COMPANY via the e-mail address email@example.com, as soon as possible, of any undue or fraudulent charge detected on their credit card or other means of payment, so that the COMPANY can take the necessary steps to process the CLIENT’s request.
The CLIENT is allowed to cancel the contracted service, in accordance with the following conditions: if cancelled up to 2 hours before the start of the baggage collection time, 100% of the amount paid will be refunded; if cancelled with less notice, no amount will be refunded.
Once the aforementioned requirements have been met, the COMPANY will refund the amounts paid within 7 working days of notification, without prejudice to the bank’s own delays.
The COMPANY will make its best efforts to avoid any inconvenience caused to the CLIENT. However, in situations of force majeure (traffic disruptions in pick-up areas, vehicle breakdown, etc.), the COMPANY reserves the right to cancel the SERVICE, after notifying the CLIENT as far in advance as possible, without any compensation being due to the CLIENT.
The COMPANY may also cancel the SERVICE if, at the time of collection of the luggage, any of the following circumstances are found to have occurred: (i) it is damaged in such a way that it is not possible to ensure that its contents have not been tampered with; (ii) the baggage does not comply with the weight and size limits indicated in these T&Cs. In these cases, no refund will be made to the CLIENT.
The delivery of luggage whose content is contrary to the law, morality or good customs or whose carriage is illegal in accordance with current legal regulations, is prohibited, and the COMPANY shall be totally exonerated from any liability as a result of the CLIENT’s failure to comply with this prohibition.
By way of example but without limitation, it is expressly forbidden for luggage delivered by the CLIENT and transported by the COMPANY to contain, among others: jewellery, precious metals or stones or objects containing them; documents or bearer banknotes, cash, lottery or similar items, fragile or valuable objects, radioactive material, stolen material, explosives, weapons, drugs and illegal narcotics, and, in general, dangerous goods.
Luggage that is not properly closed or cannot be sealed with security straps will not be accepted for collection. The collection of plastic bags such as handles or similar will not be allowed under any circumstances. Baggage that is damaged in such a way that its contents can be manipulated will also not be accepted.
A package shall be considered eligible for consignment provided all of the following characteristics are met:
- Measure no more than 210cm (height + width + depth); and,
- Not exceeding 32kg in weight.
In the event that the package/s exceeds any of the above characteristics, the COMPANY may refuse to collect it in accordance with the cancellation policy mentioned above without any compensation for the CLIENT.
5.- Liability and Claims
Liability for damage, loss, misplacement, deterioration, theft, robbery suffered by the luggage and/or its contents is limited to the terms set forth in Law 15/2009 on the Contract for Land Carriage of Goods and other applicable transport legislation. However, the COMPANY grants additional coverage in the event of damage, loss, misplacement, deterioration, deterioration, theft, robbery suffered by the luggage and/or its contents, up to a maximum amount of 300 € THREE HUNDRED EUROS per package. For the aforementioned coverage to be applicable, the CLIENT must justify the real value of the luggage and/or its contents. Invoices more than 6 months old will not be accepted and must be in the CLIENT’s name.
Likewise, the coverage shall not apply to damage, loss, misplacement, deterioration, theft, theft of computer or electronic equipment or mobile telephones or products included in section 3. PROHIBITIONS.
The CLIENT may make any claims he/she deems appropriate, in accordance with the above and taking into account the following:
I. Claims shall be limited to one per package and their settlement shall be considered final for all losses and damages caused in relation to the same.
II. Claims shall have a processing period of 15 working days from the date of formalisation of the incident with the COMPANY and/or insurer.
6.- Area of coverage
The CLIENT may request the SERVICE as long as the place of collection or delivery of his/her luggage is located in the territory identified at any given time on the COMPANY’s website as collection zones or delivery zones (in the case of the collection and delivery service in the city of Skip Baggage Claim). The territory indicated above shall be referred to as “THE AREA OF COVERAGE”.
For collections or deliveries outside THE AREA OF COVERAGE, it will be necessary to contact the COMPANY, who reserves the right to accept or refuse the SERVICE.
Baggage will be collected at the address indicated by the CLIENT, provided that it is within the AREA OF COVERAGE.
In those cases where it is impossible to collect the luggage at the place initially indicated due to the absence of the CLIENT, and after a maximum of 15 minutes waiting time on the part of the COMPANY, the COMPANY will contact the CLIENT to arrange a new collection. In the event that the CLIENT gives new collection instructions to the COMPANY, the CLIENT will have to pay the value of a basic service without additional luggage. In the event that, after 15 minutes of waiting, the CLIENT does not answer or does not give new instructions for the collection of the luggage, the COMPANY will not refund the amount previously paid by the CLIENT.
In those cases where it is impossible to collect the luggage at the place indicated by the CLIENT due to the COMPANY’s absence, and after a maximum of 15 minutes of waiting by the CLIENT, the COMPANY will contact the CLIENT to arrange the collection again. The COMPANY will refund the CLIENT the original amount of the SERVICE and will provide the new collection free of charge. For the performance of the SERVICES, the COMPANY may sub-contract collaborators, who will be in possession of the legal requirements that entitle them to carry out this activity and have sufficient knowledge to carry out the intended activity, and the COMPANY will train, monitor and control these collaborators. These collaborators shall offer the same quality ratios as those stipulated by THE COMPANY.
8.1. Transfer service: delivery of luggage to the CLIENT (without check-in)
The luggage will be delivered at the point indicated by the COMPANY in the DELIVERY AREA determined by the COMPANY, in each case.
Absence of the CLIENT at the place of delivery: In those cases where it is impossible to make the delivery at the indicated place due to the absence of the CLIENT, after a maximum waiting period of 15 minutes on the part of the COMPANY, the COMPANY will contact the CLIENT to arrange a new pick-up. The CLIENT will have to pay the value of a basic service without additional luggage for this new delivery.
If it is impossible to contact the CLIENT, and if the luggage cannot be delivered, it will be returned to the COMPANY’s facilities. In this case, the CLIENT shall not be entitled to a refund of the postage previously paid nor shall he/she be entitled to any compensation whatsoever. In the event that the CLIENT wishes to recover the luggage, he/she must re-contract the COMPANY’s SERVICE and pay a penalty corresponding to an additional 50% of the cost of the transport, for the storage of the luggage.
At the time of delivery, the handwritten or digitalised signature of the CLIENT, as well as its reproduction, will be sufficient proof of delivery and the parties recognise that this signature has the same value as a traditional signature on paper.
Abandonment of baggage: Baggage shall be deemed to have been abandoned if, after three months from the date on which the baggage should have been delivered to the CLIENT at the DELIVERY AREA indicated by the COMPANY, the CLIENT has not claimed it.
In this case, the COMPANY may proceed to deliver the luggage to the luggage room at the Airport. In any case, the COMPANY reserves the right to take the corresponding legal action in order to cover all the expenses incurred by the abandonment of the luggage.
Absence of the COMPANY at the place of delivery: In those cases where it is impossible to make the delivery at the place initially indicated due to the absence of the COMPANY and after a maximum waiting period of 30 minutes on the part of the CLIENT, the COMPANY will contact the CLIENT to arrange for the luggage to be sent directly to the CLIENT’s destination address, at no additional cost to the CLIENT.
In the event of a delay in the delivery of the luggage due to a cause attributable to THE COMPANY which means that the luggage cannot be loaded on time on the corresponding transport to its destination, THE COMPANY will send the luggage by express transport to the place indicated by THE CLIENT at no cost to the CLIENT.
8.2. Check-in service: delivery of baggage to the handling agent
In the event that the CLIENT contracts the baggage check-in service, the COMPANY will carry out all the necessary actions on behalf of the CLIENT with the handling agent at the Airport, so that the latter may proceed to check the baggage.
The CLIENT is responsible for complying with all the documentation and baggage requirements demanded by the airline in order to fly. Therefore, the CLIENT must provide the COMPANY with all the necessary documents in order to be able to check in the luggage.
Refusal of baggage or lack of documentation of the passenger noticed by the handling agent (e.g. lack of visa, expired passport, etc.).
In the event that the airline’s handling agent responsible for baggage check-in rejects the CLIENT’s baggage for reasons not attributable to the COMPANY, the COMPANY will immediately notify the CLIENT and in any case before take-off of the flight in question, and will hand over possession of the baggage to the CLIENT at the Airport itself or will deposit it in the luggage locker at the Airport. In this case, the COMPANY will have complied with the contracted SERVICE and the CLIENT will have no right to compensation.
In the event that the handling agent warns BOB that a certain document is missing or incorrect, such that the passenger will not be able to enter the country of destination, the COMPANY will inform the CLIENT immediately and in any case before take-off of the flight in question, and will proceed in the same way as with the rejection of the luggage indicated above. In this case, the COMPANY will have complied with the contracted SERVICE and the CLIENT will have no right to compensation.
In the event that the COMPANY is not responsible for the refusal of the baggage or the passenger by the handling agent, it will not assume any costs arising from or incurred as a result of such refusal. Consequently, any costs incurred by the COMPANY as a result of such refusal by the handling agent shall be reimbursed by the CLIENT to the COMPANY, and the COMPANY may charge the amount directly, if possible, to the credit card or means of payment in question.
Extra-charges for baggage at the check-in counter
In the event that the handling agent demands payment of a certain amount for excess weight or dimensions of the baggage or excess number of bags or any other concept applicable to baggage according to the airline’s rates, the COMPANY will pay it on behalf of the CLIENT, who will be obliged to reimburse said amount to the COMPANY, and the COMPANY may charge said amount directly, if possible, to the credit card or means of payment in question.
Likewise, the CLIENT will be charged the expenses derived from bank commissions received by the COMPANY at the time of processing said payments.
8.3 Skip Baggage Claim service: baggage collection on the carousel and drop-off in the city
If the CLIENT books the skip baggage claim service, the COMPANY shall take the necessary actions on behalf of the CLIENT to collect the baggage from the baggage claim belt at the destination airport and deliver it to the meeting point defined by the CLIENT.
Conditions for carrying out the service.
By booking the service, the CLIENT accepts the following points:
- DECLARES that is not carrying prohibited items in the baggage as indicated in Attachment (G) of the National Civil Aviation Security Programme, (G) of the National Security Programme for Civil Aviation, Resolution of 28 January 2020.
- DECLARE that is not carrying in the baggage items to be declared: products with import restrictions (i.e. alcohol, tobacco, cash and excise duties, etc.), or products with a combined value above the amount of the franchise.
- DECLARE that is not carrying in the baggage goods of a commercial nature: those that meet the conditions of Article 1.21(b) of Commission Delegated Regulation (EU) No 2015/2446 of 28 July 2015 supplementing the Union Customs Code. Those goods whose contents are of an occasional nature, and which comprise exclusively goods intended for the personal or family use of travelers or destined to be offered as gifts, without their nature or quantity reflecting any intention that they are being imported or exported for commercial reasons, shall not be considered goods of a commercial nature.
All baggage will be subject to inspection by the authorities. Any liability arising from non-compliance with the conditions or misuse shall be the responsibility of the CLIENT.
If the customs authorities detect items that may have to be declared, the baggage will be deposited in the customs warehouses and the CLIENT will have to go to the airport to regularise the situation of the baggage.
Authorisation for representation at customs.
By booking the skip baggage claim service, the CLIENT formalises a representation agreement in favour of the COMPANY (and its employees and collaborators) to represent him before the customs authority at the airport of destination, in the form of direct representation. When the CLIENT contracts the service, he/she authorises the COMPANY to represent him/her during the procedure of opening the baggage by the authorities, and to carry out the actions described below:
- Facilitate the opening of baggage, if required by the customs authority;
- Assist in the examination of the goods and, if necessary, taking samples;
- Carry out acts of disposition of the goods contained in the baggage, in particular in the case of goods subject to prohibitions and restrictions that limit their importation;
- Formulate requests and applications, contribute any data and documents requested or of interest, as well as expressly state that they will not provide new documents or justifications, following the stipulations of article 134 of the General Regulations on tax management and inspection actions and procedures and for the development of the common rules for tax application procedures, approved by Royal Decree 1065/2007, of 27 July 2007.
- Subscribe proceedings and other documents that may be issued by the competent authority in the course of customs control proceedings.
- Receive all requirements or communications made in the customs and the taxation procedure that starts with the presentation of the declaration, until its completion, including the delivery or communication of the release of the goods.
The grantor authorises the automatic processing of his/her data for the sole purpose of the procedures and actions that are the purpose of the representation.
The COMPANY shall in no case be liable for the contents of the baggage or any liability that the customs authority may require of the owner of the baggage.
The CLIENT agrees to be subject to biometric identification through the use of facial recognition, liveness detection, ID verification, as well as KYC and AML procedures.
This information may be shared with the authorities if required. If the CLIENT chooses not to undergo such identification, the service will be cancelled and a full refund will be issued.
The procedure of the service.
THE COMPANY will go into the controlled area of the destination airport where the baggage claim belts are located and will identify the baggage to be collected. Once the baggage has been identified, the authorised agent will scan the IATA code with the mobile application and will verify that the IATA code on the label received by the CLIENT matches that of the baggage in question. Only in this case will the order continue, otherwise the baggage will be placed back on the carousel. The photo sent by the CLIENT is for the sole purpose of identifying the baggage on the baggage conveyor belt.
From that moment on, the COMPANY will have custody of the baggage and will provide the airlines with the necessary information so that they can track the baggage until it is delivered to the CLIENT.
Passenger’s rights to claim against the airline for damage, loss, theft, etc.
If at the time of collecting the baggage the agent finds that it is defective, damaged or has been lost, the agent will go to the airline counter and make the corresponding claim through a Property Irregularity Report (PIR) on behalf of the CLIENT before taking the baggage out of the controlled area of the airport. Once the report has been submitted to the airline, the CLIENT may claim the corresponding compensation.
At the meeting point, the authorised agent will check the CLIENT’s booking and deliver the baggage. the COMPANY’s agent will create a record of the baggage in the application by scanning the IATA code again. With this step, the baggage is now in the custody of the CLIENT.
On the other hand, if the passenger is not at the meeting point, there are two possibilities: (i) if the CLIENT landed on their flight, the COMPANY will maintain custody of the baggage and reschedule the delivery with the CLIENT; or (ii) if the CLIENT has not arrived at the destination or has been deported, the COMPANY will deliver the baggage to the airline (with the cost of returning the baggage being borne by the CLIENT).
In addition, if the baggage is to be delivered to a person other than the CLIENT, the CLIENT must inform the COMPANY of this before arrival. In this case, the person who is to receive the baggage must present the QR code that appears on the booking confirmation email to the agent so that the baggage can be handed over to them.
Once all baggage tags are scanned, the CLIENT will then sign using the mobile app and a confirmation email will be sent. The service is considered concluded at this point.
Likewise, if the baggage is picked up from the baggage belt by the COMPANY but is not delivered to the passenger, the COMPANY shall compensate the CLIENT (unless the reason for non-delivery was due to reasons beyond the COMPANY’s control, such as the baggage being held by the customs authorities at the airport of destination, in which case the COMPANY will immediately notify the CLIENT). The compensation will comply with the provisions of the Montreal Convention.
Additionally, if the CLIENT reports damage to the baggage upon receipt, and this damage has occurred during transportation by the agent, the COMPANY will assume full responsibility. The compensation will comply with the provisions of the Montreal Convention.
9.- Acceptance of Terms and Conditions
When contracting the SERVICE by means of a written form or through the electronic form established on the Website, the CLIENT will indicate, by ticking the corresponding box, that he/she agrees to and accepts the present “terms and conditions”.
The COMPANY reserves the right to waive the carriage of the luggage or to suspend the carriage if it has already begun, in cases of non-compliance by the CLIENT with the provisions of these T&Cs.
The COMPANY reserves the right to modify these T&Cs at any time. The COMPANY recommends that the CLIENT print a copy of the T&Cs immediately after contracting the SERVICE. The use of the information and data provided by the CLIENT will be treated in accordance with the Privacy and Cookies Policy.
10.- Access and Use of the Website
Access to the Web Page is free of charge for users of the same. In general, access to and use of the Web Page does not require prior subscription or registration by users.
The language used by the COMPANY on the Website will be Spanish for all CLIENTS who access it through a device that has Spanish configured as the language of their browser. For CLIENTs accessing the Website through a browser in a language other than Spanish, the language used by the COMPANY on the Website will be English. The COMPANY accepts no responsibility for the user’s failure to understand or comprehend the language of the Website, nor for the consequences thereof.
10.1. Permitted conditions of use
The CLIENT may use this Website, as well as print and download extracts from it for personal, non-commercial use, provided that the following rules are observed:
10.1.1. Fraudulent use of the COMPANY’s Website shall not be permitted.
10.1.2. Unless otherwise stated, the copyright, copyright and all other intellectual and industrial property rights in this Website and the content published on it (including, but not limited to, photographs and graphic images) are owned by the COMPANY or the COMPANY’s licensors. These works are protected by copyright and intellectual property laws and conventions around the world, and all rights are reserved. For the purposes of the T&C of this Web Site, any use of extracts from this Web Site other than as set out in paragraph 1.1 is prohibited.
10.1.3. You must not modify the paper or digital copies of any content that you print in accordance with paragraph 1.1 and you must not use any drawings, photographs or other graphics, video or audio sequences separately from any accompanying text.
10.1.4. You must ensure that the COMPANY’s status as the author of the content on this Web Site is always acknowledged.
10.1.5. You may not use any of the content of this Website or the Website itself for commercial purposes without obtaining a licence from the COMPANY to do so. No individual or legal entity may make commercial use of the content of this Website without the prior written consent of the COMPANY. Web scraping” is also prohibited.
11.- Data processing
12.- Legislation and Jurisdiction
The transport service contracted shall be subject to the provisions of Law 15/2009 on the contract for land transport of goods, the general contracting conditions issued by the Ministry of Public Works and other legal provisions in force at any given time. For any litigious matters that may arise in the application or interpretation of these conditions, both parties submit to the Courts and Tribunals of Madrid, expressly waiving any other jurisdiction that may correspond to them.