The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the site or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines, rules, product requirements or sometimes additional terms applicable to such services. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.
YOUR ACCESS OR USE OF THE WEBSITE OR SERVICE SHALL MEAN THAT YOU HAVE READ, UNDERSTOODAND AND AGREED TO BE BOUND BY THE TERMS. BY ACCESSING OR USING ANY WEBSITE/ APP OR SERVICES YOU ALSO REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY AS PER APPLICABLE LAW (INCLUDING BUT NOT LIMITED TO AGE REQUIREMENT) TO ACCEPT THE TERMS ON BEHALF OF YOURSELF AND/OR ANY OTHER PERSON YOU REPRESENT IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES. IF YOU DO NOT AGREE TO THE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE OR SERVICE
DEFINITIONS: In the below terms and conditions, the expression of the words will have the following meaning:
“Article” means each separate item carried or moved by the Company. For the avoidance of doubt, where two or more objects are packed together in one carton, such carton/Bag/ suitcase shall count as the Article however it will not include prohibited articles as mentioned in clause 2 ; “Company” means M/s Bookbaggage.Com LLP India Pvt. Ltd
“Quotation” means this contract between the Company and the Customer on the terms and conditions set out herein and the rate list forming a part of it;
“Customer” means the person contracting with the Company to provide the Services, whether or not he is the owner of the Articles as the case may be and includes the owner of the article as well as his authorised representatives /assignees/agents/servants/relatives and the like;
“Goods” means the thing or things in relation to which Relocation Services are to be provided but excluding coins, cash, bank notes, cheques, money orders, postal orders, national saving certificates, premium bonds, travel tickets, passport, securities, manuscripts or documents of any description, Jewellery, perishable goods, hazardous materials like Crackers, Explosives, Chemicals, Filled Gas Cylinders, Battery Acids, Inflammable Oils; such as Diesel, Petrol, Kerosene, Gasoline, Narcotics & Contraband items,Dead Animals, pets or any articles meant for commercial purposes and other like itemsthat are prohibited articles under Clause 8 of The Aircraft Rules 1938The Railways Act 1984 as well as the corresponding Parcel Rules
“Baggage Buddy” are personnel of the company and will be carrying identity proof in this regard
“Baggage Buddy Services” are all the additional services apart from the services covered in this agreement and thus will be liable to additional costs “Services” means any or all such Services as defined under point 2(j) of this agreement only
“Warehouse” means any premises or land at which the Company stores the Goods whether or not owned by it..Subject to the terms of the quotation the Company agrees to provide the following services, such as are comprised within the Company’s quotation to the Customer:
“Transport of articles/goods Services” would mean:
(i) collect the goods from the location designated by the Customer;
(ii) pack the Goods as appropriate,
(iii) Transport the goods to and from the airport/railway station/given address
(iv) Assist the airlines/railways in loading and offloading the goods/article
(v) transport the Goods from the airport/railway station/given adrress to the location designated by the Customer;
(vi) provide storage for the Goods at a Warehouse;
(vii) deal with all relevant formalities as associated with points(i) to (vi).
“Prohibited Goods” means the following goods/articles Bloodstock, livestock and living creature, Bottled spirit, Cigarettes, Deeds, securities, treasury notes, and the like including Passports Designs, patterns, plans, manuscripts and all such documents Antiques, Works of arts and fine arts. Money (Including bank notes and coin currencies)Precious stones and metals (Including but not limited to bullion and jewelleries) Stamps, Duty Stamps, Tickets and the like Arms, ammunitions and explosives Charity goods and/or humanitarian aid Prototypes and one of a kind interest Indian Postal Articles Poisonous/Toxic Articles, Radioactive materials, Explosive and incendiary materials, Flammable items, Gasses and pressure containers Matches, Oxidizers and organic peroxides, Poisons Infectious materials, Corrosives Organics, Magnetic materials, Marijuana(cannabis),Valuables Gold, currency , precious metals and stones, Legal property papers and other negotiable instruments. Laptops, Tabs and Mobile phones etc along with power banks and battery sources,Dead Animals, pets or any articles meant for commercial purposes and other items that are prohibited articles under The Railways Act 1984 as well as the corresponding Parcel Rules”
k.l. “Physical Control” would have the same meaning as exists in ordinary English language
l.m. “Agent” would mutatis mutandis mean and only include agents as appointed via an agency agreement or sub-contracting agreement with any logistics company for the purpose of transporting goods/article over land by the company, though, this will not include either the personnel appointed by the Railwaysairport authority of India or the airline or its ground staff working with them on contract or otherwise
m.n. “Parties” would mean customer and company being referred to collectively.
n.o. “Logistic Partners” would mean any Logistics company with which the company has had from time to time subcontracted its services of transport either by land, rail, air or sea or in combination of either or all modes.
GENERAL TERMS AND CONDITIONS
The Company provides its services within normal working hours of the Company, which are 6:30 a.m. to 9:00 p.m. on all calendar days, including public holidays. Where the Services are not completed within the normal working hours on the dates stipulated and agreed to with the customer, the Company may upon the request of the Customer continue to perform the Services beyond the normal working hours to carry on the Services on subsequent dates to be agreed with the Customer. There can be days where under government orders/notifications/orders of court that may put restriction on transportation of goods/article, the company will not be liable for the damage/loss arising due to such delay or for the delay itself.
The customer states that he has gone through the rate lists forming a part of this agreement and has agreed to the same when he/she clicks “I Agree” on the website or App. The said rate list may be withdrawn/modified by the Company prior to acceptance. Any rate list is based upon the details provided to the Company by the Customer as regards the Goods / Articles requested by the Customer in relation thereto. If any such detail provided by the Customer shall be incorrect, the Company may adjust its charges accordingly.
Subcontract and Agency: The customer agrees that the services being rendered under the present agreement has been made possible because of the Logistics partners of the company to whom different parts of the services under the present agreement have been subcontracted by virtue of which they are the agents of the company. The customer accepts the services being rendered by the said Logistics Partners and undertakes not to object or raise any claim against the said agents that may arise in the performance of the present agreement.
Termination /Cancellation : The Customer agrees that if he/she wishes to cancel or terminate the Contract before its full performance by the Company, the Customer shall be liable to pay a cancellation or early termination charge in a sum specified in the rate list to compensate the Company for any loss it shall sustain by reason of such cancellation or early termination. Such charge shall be without prejudice to any rights that the Company may have against the Customer in relation to such early termination. Such charge may also be applicable in the event of the company terminating the contracts on the grounds of violation/breach of the terms of the present agreement by the Customeras per the Refund & Cancellation Policy.
5. Performance: The customer agrees and understands that the Company/its agents/personnel/ associates/business and Logistic Partners, to the exclusion of the Customer, shall decide how the Services are to be provided, and may vary its decision from time to time.
6. Time of performance : The customer agrees and understands that any period of time within which the Company/its agents/personnel/ associates/business and Logistic Partnersare to perform any part of the Services is an estimate only, and whilst the Company /its agents/personnel/ associates/business and Logistic Partners will use all reasonable endeavours to perform the Services at and within the agreed time, it shall not be liable for any loss or damage whatsoever (whether direct, indirect or consequential) arising from a failure to do so.
9.7. Access to Premises: The Customer shall ensure that adequate access is available to all relevant premises for the purpose of performing the Servicesto the company /its agents/personnel/ associates/business and Logistic Partners or any person whatsoever of the company.
10.8. The Customer shall:
(I) in respect of the Services
(a) promptly supply the Company with any information concerning the nature of the Goods which the Company may request;
(b) in relation to the Goods, comply with all applicable laws, regulations and requirements relevant to the Company’s provision of the Services;
(c) The customer agrees/undertakes that any such goods/articles that violate any existing laws/rules/regulations pertaining to the list of items that cannot be transmitted/transported eg of “Prohibited Goods” as defined under Clause 2(k) of this agreement will not form part of the said goods/articles being given for transport to the company
(d) The customer also agrees to allow inspection of the goods/article as and when required by the company/its agents/personnel/ associates/business and Logistic Partners or any person whatsoeverof the company;
(e) The customer undertakes and states that the goods/articles being transported do not contain prohibited articles/goods as defined under clause 2(k) of this agreement (f) The customer also agrees and understands that such prohibited goods are liable to be removed before at any stage of the transit while the remaining parts of the goods/article will be transported as agreed with or without the knowledge of the customer
(g) Customer states and undertakes to accept the fact that the personnel of the company or the “Baggage Buddy” has already apprised the customer of the list of goods that are prohibited to be transported by any logistics company prior to accepting the goods/article for transport by getting an undertaking to this effect signed by the customer in the form of “Baggage Acceptance Check List” as well as all such forms signed and shared with the company hereto and by agreeing to these terms by pressing “I Agree” you undertake to hold harmless and indemnify the company/its agents/personnel/ associates/business and Logistic Partners or any person whatsoeverof the company of the consequences whether under law or even otherwise that will follow if the said article/goods are found in the said good/article or if any loss/damage/injury ensues to the company/its agents/personnel/ associates/business and Logistic Partners or any person whatsoever.
(II) That in respect of the Baggage Buddy the customer
(a) has promptly informed the Baggage Buddy/personnel of the company, with any information concerning the goods/article including their type, nature, structure, characteristics, dimensions, operational guides as to application and use (if any), and other information which in the opinion of the Company should be brought to the attention of the Company for the proper and efficient discharge of its duties in performing the Services. (b) Allow the Baggage Buddy or any personnel of the company or its agents/personnel/ associates/business and Logistic Partners or any person whatsoeverof the company to photograph the goods/article to establish the state in which they are being received (iii) However, in either case the customer shall not submit any Goods which are or include any dangerous, explosive, corrosive or other substance harmful covered under the definition of “Prohibited Goods” under clause 2(k) of this agreement to either person of the company or its agents/personnel/ associates/business and Logistic Partners or any person whatsoever of the company the property of the Company or of others. The Customer agrees that if any Goods are submitted in contravention of this paragraph and loss or damage is thereby caused to the Company/its agents/personnel/ associates/business and Logistic Partners or any person whatsoeverof the company (whether directly or indirectly), the Customer will indemnify the Company/its agents/personnel/ associates/business and Logistic Partners or any person whatsoeverof the company against such loss or damage.
GOODS IN WAREHOUSE
During any time that the Goods are stored at any Warehouse (except temporary storage in transit) the Company will allow the Customer access to the Warehouse during normal working hours for the purposes of checking the Goods/article, and identifying any particular Goods/article that it wishes to remove provided that:
(i) the Customer gives the Company reasonable notice of his wish to inspect the Goods:
(ii) at the time of delivery of the Goods to the Company, the Customer has registered one or more authorised signatories with the Company to whom access should be allowed;
(iii) the person requesting access is, or appears to be from comparison of his signature with the specimen provided, an authorised signatory; (iv) the Customer pays the Company’s reasonable charges from time to time thereof. The Company shall not be liable for loss or damage arising from such access being permitted.
In consideration of the provision of the Services by the Company, the Customer shall pay to the Company:- (i) such charges for the Services as quoted and selected in the app as well as the website, or where the services sought are beyond the terms of this agreement and thus there is no such quotation, such charges as calculated by reference to the Company’s scale of charges in force from time to time which scale is available for inspection upon request; and (ii) any out of pocket expenses incurred by the Company in the provision of the Services; and (iii) additional charges which are incurred by the Company by reason of the Customer having altered his instructions to the Company in relation to the Services; and (iv) additional charges which are incurred by the Company by reason of the Customer having sought additional services not specifically mentioned in this agreement.
LIABILITY OF DAMAGE AND LOSS
110 The customer agrees that the liability if the company pertaining to any loss or damage will be with respect to the parameters contained in clause 12 of this agreement.
The customer agrees that all the claims for loss or damage will be made within 12 Hrs of receipt of the goods/Articles failing which it shall be deemed that the customer has no claim and he voluntarily waives his right to claim any damage or loss. The Customer may contact the following person for assistance or select the appropriate option on the app to register the grievance: Mr.___, Designation.___, Mob No.____, Address____, email id_____ It will be expected that the customer shares photographs of the damage caused etc failing which it will be assumed that no claims exists and the company will stand absolved of all liability that may arise therein.
131A. The customer agrees and accepts that he will not be entitled to any claims/loss/damages etc under the present agreement when he/she is in breach of any term of the present agreement
That the company is providing an insurance cover against any loss or damage arising when the goods/article are in the “physical or constructive control” of the company or its agent to a maximum limit of INR 20,000 only however the same will not cover any incident that involves the use or presence of “Prohibited Goods” and therefore claims arising from such goods/article etc will not be subject to this cover. All such claims for the loss or damage arising during the operation of this agreement should be intimated to the company within 12 hours of receipt of the goods/article failing which it shall be deemed that the customer has no claim and he voluntarily waives his right to claim any damage or loss. The Customer may contact the following person for assistance or select the appropriate option on the app to register the grievance:
Mr.___, Designation.___, Mob No.____, Address____, email id_____ to the following address_____ email id_____ phone no. ________. The customer will have to share photographs of the damage etc caused failing which it will be assumed that no claims exists and the company will stand absolved of all liability that may arise.
The Insurance does not cover loss or damage arising out of the acts of government, customs authority or official confiscation. It also does not cover loss/damage of the goods packed by owner and or Jewellery/cash, deeds, traveller’s cheque, plants, gas cylinders, alcoholic beverages etc or forming a part of the “Prohibited Goods”as defined under Clause 2(k) of this agreement. Internal damages of any kind are also not covered under Insurance Coverage unless there are signs of external physical damage. Any external damage must be noted on the packing inventory on the day of delivery. Further no insurance coverage under clause 12-14 of this agreement be applicable in case of breach of any term of the present agreement.
WARANTEE BY CUSTOMER
The Customer warrants and undertake that all Goods /article in respect of which the Company is to provide the Services are either owned by the Customer or are legally in its possession or under its control, and that the Customer is able to deal with the Goods/articles as contemplated herein. The customer warrants that it will not be using the services of the company for commercial or trade purposes.The Customer agrees to indemnify the Company /its agents/personnel/ associates/business and Logistic Partners or any person whatsoever of the company against any loss, damage or claim made against the Company arising from any lack of authority of the Customer to contract with the Company for the Services, or any breach of the warranty, undertaking or any term of the present agreement, given by the Customer under this paragraph.
The Customer undertakes that no claim shall be made against any servant or its agents/personnel/ associates/business and Logistic Partners or any person whatsoever of the company which imposes or attempts to impose upon him any liability whatsoever in connection with the Services and, if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof. Without prejudice to the foregoing, all such agents/personnel/ associates/business and Logistic Partners or any person whatsoever of the company shall have the benefit of all provisions herein as if such provisions were expressly for their benefit. In entering into any contract incorporating these conditions, the Company, to the extent of those provisions does so not only on its behalf but as agent and trustee for such agents/personnel/ associates/business and Logistic Partners or any person whatsoeverof the company.
Customer undertakes that Payment will be done prior to packing / dispatch by cheque / credit card/debit card /net banking and with card fee as applicable. In any case if the payment is not cleared before delivery the company reserves the right to withhold the delivery till the complete payment is received.
General Defences: Work undertaken as a result of this quotation will be done on the basis of the Indian Contract Act, 1872. While every care is taken during the packing, transit risks associated with the goods/article will be as per the terms mentioned in para ___. In the absence of insurance cover arising as discussed in paras 12to 15, the goods will be deemed to be self-insured by the customer. The customer accepts that no claim shall lie against the company its agents/personnel/ associates/business and Logistic Partners or any person whatsoever of the company on the event of breach of any term of the present agreement.
That the present agreement is a complete understanding about the rights and liabilities subsisting between the company and the customer. Further being a special contract it limits the liability of the company towards the customer unlike that of the “ Common Carrier” under The Carriers Act 1865.
231.1 That in event of any disputes/issues arising between the Parties from the present agreement the same will resolved initially, amicably through negotiations failing which the matter in dispute will be referred to a sole arbitrator. The Parties agree that the sole Arbitrator will be Mr. Anoop Kumar Pandey R/o E-183, Street No.5, Pandav Nagar, Mayur Vihar Phase- 1 Delhi-100091, email id — firstname.lastname@example.org. The seat of arbitration will be at Delhi, while the venue will be as is mutually agreed to between the parties. The proceeding before the Sole Arbitrator will be in English and governed by The Arbitration and Conciliation Act 1996.The fess to be paid to the sole Arbitrator will be in terms of the The Arbitration and Conciliation Act 1996 or as is mutually decided between the parties and accepted by the soleel Arbitrator. The fess will be shared equally between the parties. That both parties agree that the award given by the sole arbitrator will be final and binding between the parties. The customer agrees and accepts that the said Sole Arbitrator is not biased or influenced by any manner whatsoever towards the company. The customer accepts and agrees that the sole arbitrator is neither an employee, consultant, advisor nor am is he currently advising nor representing as a lawyer for the company, nor, is he manager, director, employee or part of the management or have similar controlling influence, on respective affiliates who are related/interested, directly or indirectly or unrelated/uninterested/uninvolved nor any member ofhis family holds any shares, either directly or indirectly, in one of the parties or an affiliate of any of the parties nor any member of his family has any significant interest in the outcome of the dispute nor do they have any relationship with any third person who may be liable to recourse on the part of the unsuccessful party to the dispute and therefore the customer undertakes not to object to the appointment of the said Sole Arbitrator to settle all such disputes arising under the present agreement as he is satisfied with the credentials of the said sole arbitrator and therefore is prepared to be bound unconditionally by the award of the said Sole Arbitrator.
231.2 The parties agree that the courts in Delhi, , will have ordinary civil jurisdiction.
231.3 The agreement including without limitation its conclusion performance, construction, validity and the settlement of disputes will be governed by the Laws of India, without giving effect to the principles of Conflict of Laws.
Notices : All notices, reports, requests, approvals and other communications required or permitted under this Agreement must be in writing. They will be deemed given when (a) delivered personally, (b) sent by confirmed telex or facsimile, (c) sent by commercial overnight courier with written verification of receipt, or (d) sent by registered or certified mail, postage prepaid. All communications must be sent to the receiving Party’s Initial Address for Notice.
Headings : The headings appearing at the beginning of sections contained in this Agreement have been inserted for identification and reference purposes only and may not be used to construe or interpret this Agreement. Whenever required by context, a singular term shall include the plural, a plural term shall include the singular, and the gender of any pronoun shall include all genders.
Assignment: This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. Neither Party may assign this Agreement or any of that Party’s rights or obligations hereunder without the prior written permission of the other Party. Any purported assignment in violation of the foregoing shall be void.
Illegality: If any of the provisions contained in this Agreement are declared invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions herein shall not in any way be affected or impaired.
Force Majeure: That neither customer not the company/its agents/personnel/ associates/business and Logistic Partners or any person whatsoever of the company will be liable in performing under this Agreement if such failure /delay/loss/damage is due to “Force Majeure” conditions in whole or in part such as strikes or other labour troubles, damages to the bus, direct or indirect acts, regulations or orders including restrictions and other licenses imposed by the governments, wars, riots, fire, floods, earthquakes, and other acts of God or of the Public enemy, and any other causes beyond the control of the parties.
PRICE QUOTATION/RATE LIST