PLEASE READ THESE TERMS & CONDITIONS BEFORE USING THIS WEBSITE. THESE TERMS & CONDITIONS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS & CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS & CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU, YOUR SPOUSE AND/OR DEPENDENTS, OR THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (COLLECTIVELY “YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS & CONDITIONS.
This website is provided by Bags, Inc. and is available only to legal entities and persons over the age of legal majority who can form a legally binding agreement under applicable law. If you do not qualify, you are not permitted to use this website. Use of this website is limited to current and potential Bags VIP customers and partners and is to be used for the sole purpose of interacting with Bags, Inc. in connection with its Bags VIP program. This website is made available for your personal use and you are not authorized to make the information on this website publicly available on any other website or otherwise reproduce, distribute, copy, store use or sell the information for commercial gain without the express written consent of Bags, Inc.
In addition to the other restrictions contained within these Terms and Conditions, you agree that:
•You shall not disguise the origin of information transmitted through this website;
•You will not place false or misleading information on this website;
•You will not use or access any service, information, application or software available via the website in a manner not expressly permitted by Bags, Inc.;
•You will not input or upload to the website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system or information, the website or its content or that infringes on the intellectual property rights of another;
•You may not use or access the website in any way that adversely affects the performance or functioning of the website or interferes with the ability of authorized parties to access the website;
•You may not frame or utilize framing techniques to enclose any portion or aspect of the content of this website or any information accessed through this website, without the express written consent of Bags, Inc.
Your use of this website may be discontinued, terminated or suspended at any time by Bags, Inc. if you use this website in violation of these Terms and Conditions or applicable law.
Changes to Terms and Conditions
Bags, Inc. may revise and update these Terms and Conditions at any time. Your continued use of this website after any changes to these Terms and Conditions will mean you accept those changes. Any aspect of the website may be changed, supplemented, deleted or updated without notice at the sole discretion of Bags, Inc.
VIPLuggageDelivery.com and its content are the sole property of Bags, Inc. its affiliates or third parties. The content of this website is protected by United States copyright, trademark and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the website are trademarks, service marks, or trade dress of Bags, Inc., its affiliates or other entities that have the right and license to use such marks and may not be used or interfered with in any manner without the express written consent of Bags, Inc. Bags, Inc. does not convey to anyone, through allowing access to this website, any express or implied rights in any intellectual property appearing on this website or which may otherwise be made available by Bags, Inc.
Outbound Links. The website may contain links to third-party websites and resources. Neither these sites nor the companies to which they belong are controlled by Bags, Inc. and Bags, Inc. makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the procedures or services offered by any person or business referenced in any such sites. If you decide to access any linked site, you do so at your own risk.
Inbound Links. Linking to any page of this website other than a plain text link to VIPLuggageDelivery.com without the express written permission of Bags, Inc. is strictly prohibited.
Orders for Bags VIP 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.
Standard delivery prices for this service is, $29.95 for one bag, $39.95 for two bags, and $49.95 for three to ten bags. We are unable to make deliveries to locations which are greater than one hundred (100) miles from the applicable airport. Actual final charges may differ from quoted prices if you make any changes after placing the order or if any information in the order is not accurate.
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.
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.
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, a cancellation penalty of $15.00 will be charged. To cancel a Bags VIP 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.
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.
Insurance and Limits of Liability
BAGS, INC., MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USE OF THIS WEBSITE, THE SERVICES OFFERED OR THE CONTENT AND YOUR USE IS AT YOUR OWN RISK. BAGS, INC. WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS OR NEGLIGENCE BY BAGS, INC. OR ERRORS IN OR THE LACK OF OR INABILITY TO USE THE BAGS VIP LUGGAGE DELIVERY OR VIPLUGGAGEDELIVERY.COM AND ITS CONTENT, EVEN IF YOU HAVE ADVISED BAGS, INC. OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY STATED BELOW, 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.
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.
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 will file a claim with the airline on your behalf. 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.
Indemnification of Bags, Inc.
You hereby release, and agree to indemnify and hold harmless Bags, Inc. and its officers, directors, employees and agents from any and all claims, demands, causes of action, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of your use of the Bags VIP and/or your use of or viewing of VIPLuggageDelivery.com and its content.
Governing Law and Miscellaneous Legal Provisions
The parties understand and agree that these Terms and Conditions shall be construed under and in accordance with the laws of the state of Florida, without regard to Florida conflict of laws principles and statutes. These Terms and Conditions may not be changed or modified by you without the prior written consent of Bags, Inc. You may not assign these Terms and Conditions or any of your interests, rights or obligations under these Terms and conditions. These Terms and Conditions shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. In case any one or more of the provisions in these Terms and Conditions shall be held to be invalid, illegal or unenforceable for any reason, the invalidity, illegality or unenforceability of any provision shall not affect any other provision hereof, but these Terms and Conditions shall be construed as if the invalid, illegal or unenforceable provision had never been contained in the Terms and Conditions. The headings in these Terms and Conditions have been inserted for convenience only and are not to be considered when construing or interpreting the provision(s) of these Terms and Conditions. Any cause of action or claim with respect to Bags, Inc. or the Bags VIP which arises out of these Terms and Conditions or otherwise must be instituted within one (1) year after the claim or cause of action has arisen or be barred.