Last Modified: January 9, 2013
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Bags Inc. and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by Bags Inc., its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to email@example.com
The Bags Inc. name, the terms BagsVIP, Make Travel Easier, AirportBags, HomeServ Delivery, Luggage Services and Logistics, and all related names, logos, product and service names, designs and slogans are trademarks of the Bags Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of Bags Inc. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Bags Inc. are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Bags Inc. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for services or information formed through the Website or as a result of visits made by you are governed by our Terms and Conditions:
Order Requirements Orders for BagsVIP must be placed at least one (1) hour in advance of your scheduled arrival time. Bags, Inc. will only handle your luggage on US Domestic flights. We are able to deliver to residential, hotel, convention center, airport or business locations. In order to complete a delivery you must provide us with a valid street address identifying the location where the delivery will be made. We are unable to deliver luggage to post office boxes.
Luggage Requirements You must comply with all airline and Federal Aviation Administration rules and regulations applicable to your luggage and its contents. Failure to comply with applicable FAA and airline rules and regulations may cause a delay of service, damage to or a complete loss or your luggage and may void any warranties expressly provided. Bags, Inc. reserves the right to refuse to accept any luggage when Bags, Inc., in its sole discretion, determines that the luggage is unsafe or economically or operationally impracticable to deliver. Bags, Inc. will only make deliveries of luggage which meet the requirements of your airline’s standard and excess luggage policy.
Order Changes Changes to your order must be made on this website at least twenty-four (24) hours in advance of your scheduled departure time. If you need to make changes to your order within twenty-four (24) hours of your scheduled departure, please contact Bags, Inc. at 1-877-847-0045. You must call Bags, Inc. as soon as possible if you miss your flight, your flight is delayed, cancelled or diverted, you have a greater or fewer number of bags than stated in your original order, or you discover errors in the information included on your order. Failure to contact us to alert us to these important changes may result in delays in service or cancellation penalties or additional charges being assessed.
Cancellation You may cancel any order without penalty so long as you complete the cancellation no later than 24 hours prior to your scheduled flight arrival time. If an order is cancelled less than 24 hours in advance of your scheduled flight arrival time, we reserve the right to charge a cancellation penalty of $15.00 . To cancel a BagsVIP order, please contact Bags, Inc., at 1-877-847-0045. Cancellations cannot be guaranteed within 24 hours of your scheduled flight arrival time and you may be responsible for the full cost of the order if we are unable to complete the cancellation prior to dispatch of the local driver.
Signature A signature will not be required in order for your luggage delivery to be completed unless you direct us to obtain a signature. If you direct us not to obtain a signature, you agree that you will not hold Bags, Inc. responsible for any loss or damage to your luggage which occurs after the delivery was completed. If you check the signature required box, you or an authorized adult must sign a delivery receipt acknowledging acceptance of your luggage at the delivery location. For deliveries to hotels or motels, this signature requirement will be complied with so long as a signature of the concierge or desk personnel is obtained. Items Excluded from Handling Do not place any of the following items within your luggage. Bags, Inc. does not accept responsibility for any of the following items: •Valuables including but not limited to jewelry, china, precious or semi-precious stones, gold, silver, platinum, or other precious metals or alloys; •Paintings, statuary, and other objects of art; •Documents, bills, bullion (coined or uncoined), currency, money, deeds, notes, securities, or evidences of debt, furs, fur clothing, fur-trimmed clothing; •Perishable goods with less than a 72-hour transit shelf life; •Restricted or hazardous material; •Contraband or property in the course of illegal transportation or trade; •Shipments of uncremated human remains, including, but not limited to, limbs, organs, blood, blood platelets, stem cells, or tissue; •Explosives, firearms, flammables, tear gas, mace, pepper spray; •Fragile, breakable, or temperature sensitive items; •Electronic or photographic equipment.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BAGS INC. NOR ANY PERSON ASSOCIATED WITH BAGS INC. MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BAGS INC. NOR ANYONE ASSOCIATED WITH BAGS INC. REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. BAGS INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Claims for Lost, Damaged or Delayed Luggage
If we attempt to retrieve your luggage from the airline you were traveling on and it does not appear at the baggage carousel assigned to your flight or it arrives damaged, we may file a claim with the airline on your behalf. The filing of the claim depends on the airline carrier restrictions and policies. Your airline will be responsible for returning this separated luggage to you and/or for compensating you for any damage in accordance with the airline’s rules regarding delayed, lost or damaged luggage. If your luggage arrived at the airline baggage carousel as expected, but is not delivered by Bags, Inc. delivery agent within the expected delivery time or if it arrives damaged, and you believe that Bags, Inc. is responsible, you must file a claim with Bags, Inc. as soon as possible after discovering any loss, damage or delay. At a minimum, you must provide preliminary notification of a possible claim to Bags, Inc. no later than twelve (12) hours after your flight arrival time or Bags, Inc. will have no responsibility for any delay, loss or damage. To be considered for payment, any and all claims must be submitted in writing to Bags, Inc. using the Bags, Inc. Claim Form, no later than ten (10) days from the date of the occurrence of loss or damage. To obtain a copy of our claim form, contact a Bags, Inc. customer service representative. No lawsuit on any claim described above may be maintained against Bags, Inc. unless commenced within one (1) year of written denial of a claim, in whole or in part.
BAGS, INC. LIABILITY, IF ANY, FOR LOSS, DAMAGE TO, OR DELAY IN THE DELIVERY OF LUGGAGE OR ITS CONTENTS IS LIMITED TO THE PROVEN AMOUNT OF DAMAGE OR LOSS, BUT IN NO EVENT SHALL BAGS, INC. LIABILITY EXCEED $500 PER BAG OR $1,000 PER PASSENGER. COMPENSATION WILL BE PAID ONLY FOR LOSS OF OR PHYSICAL DAMAGE TO LUGGAGE AT ACTUAL CASH VALUE AND NOT REPLACEMENT COST. BAGS, INC. SHALL NOT BE LIABLE FOR ANY CONCEALED LOSS OR DAMAGE. BAGS, INC. IS NOT RESPONSIBLE FOR LOSSES OR DELAYS RESULTING FROM EVENTS BEYOND ITS CONTROL INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: AIRLINE AND TRANSPORTATION DELAYS; ACTION OR INACTION OF AN AIRLINE WHICH CAUSES YOUR LUGGAGE TO BECOME SEPARATED FROM YOU, LOST OR DAMAGED; YOUR UNAVAILABILITY AT TIME OF DELIVERY OR THE FAILURE OR REFUSAL OF A PERSON TO ACCEPT DELIVERY OF THE LUGGAGE; ACTS OF GOD; ACTS OF PUBLIC AUTHORITIES ACTING WITH ACTUAL OR APPARENT AUTHORITY; ACTS OR OMISSIONS OF CUSTOMS OR SIMILAR AUTHORITIES; CRIMINAL ACTS OF THIRD PARTIES; THE APPLICATION OF SECURITY REGULATIONS IMPOSED BY ANY GOVERNMENT; WORK STOPPAGES OR OTHER LABOR DISPUTES; WAR, MILITARY ACTIONS OR POLICE ACTIONS; ACTS OF TERRORISM; CIVIL COMMOTIONS; OR DISRUPTIONS IN AIR OR GROUND TRANSPORTATION NETWORKS, SUCH AS WEATHER PHENOMENA AND NATURAL DISASTERS.
Limitation on Liability
IN NO EVENT WILL BAGS INC. , ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. EVEN IF YOU HAVE ADVISED BAGS, INC. OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY STATED ABOVE, THE MAXIMUM AMOUNT YOU ARE ENTITLED TO RECOVER IS THE AMOUNT PAID TO BAGS, INC. FOR ITS SERVICES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This website is operated by Bags Inc. 6751Forum Drive, Suite 200, Orlando, FL 32821. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.
Thank you for visiting the Website.