1.DEFINITIONS
The following definitions shall apply to terms and conditions here in after set out, governing this contract of transport, storage, shipment and different services concluded between us:
“we”, “us”, “our” “Bon-Bags” and “Bags Free” indicate Bon-Bags S.r.l., as well as the auxiliary, the franchisees of Bon-Bags s.r.l. and other employees of Bon-Bags, agents and independent contractors;
“the customer”, “you” and “your” indicate the customer holder of a Transport Document (DDT) or a Storage Document (DDD), holder of the contents of the luggage or box, and every other part has a legal interest in the content or any part having an interest in the different services;
“transport” means and includes all the operations and services that we have undertaken to carry out in relation to transport;
“different services” means all the services that are related to the transport that we put in place, such as shipment, storage, sorting, wrapping, packing, installation, services and activities for the organization of transport;
“shipment” indicates luggage or box that we accepted to ship, directly, or using external couriers, in relation to which we have agreed to set up different services.
“Banned items” indicate all the goods or materials the transport, shipment or storage of which is prohibited by the laws, regulations or rules.
“DDT” Transport document given to the customer at pick up time of luggage and / or parcel
“DDD” Deposit Document given to Customer at drop off time at Bags Free Storage
“LDV” Waybill given by the external courier.
2. TERMS AND CONDITIONS
Your contract of transport, storage, shipment and of different services is concluded with Bon-Bags S.r.l. that pick up your luggage or box, through its own operators or through couriers, to transport, to ship or to store or to set up different services.
When you consign your luggage or box to our operator, or to the courier, you accepted our Terms and Conditions on your behalf and/or on behalf of any other person who has an interest in the transport, shipment, storage or for the set up of different services, regardless of the fact that you have signed or less our DDT or DDD.
Only an authorized Manager with full powers on Bon bags Srl may agree writing variations to these Terms and Conditions.
If you consign us your luggage with oral or written instructions that conflict or are otherwise incompatible with our Terms and Conditions, and have not been expressly authorized by us and approved in writing, we will not be bound by these instructions. Even if the transport of luggage form part of another type of contract between we agreed, the provisions of these Terms and Conditions apply to the contract concluded between us in relation to the transport of luggage or box in accordance with the contract.
3.SERVICES DESCRIPTION
Transport service consists in pick-up of your luggage from our storage in Rome Via di Castro Pretorio, 32, your Hotel – B&B – Apartment or specific Address, by our operators or by an external courier.
Deliver it to you, or to a person indicated by you, on the same day or on different days, at the point you mentioned: Airport, Station or address specific or our storage in Rome Via Castro Pretorio, 32, as reported in the transport document (DDT).
Storage service consists to store in our storage your luggage for the days shown on DDT.
Shipment service consists of the pick up (by our operator or external courier) at the requested address, the shipment by an external courier, and deliver it to you (by our operator or external courier) at the address indicated in the LDV.
Bon-Bags reserves, and the Customer authorizes by consigning the luggage to the external courier service, to carry out certain services covered by the agreement, through third-party companies (national or international couriers).
Road and/or medium of transport by which we deliver your luggage will remain at our sole discretion.
4. SUBJECT OF TRANSPORT, STORAGE AND SHIPMENTS
Subject of transport, storage and /or shipment may be luggage and/or parcels containing goods or objects for which there is no ban on the transport. The client assumes all responsibility for the suitability to the transport, storage and/or shipment and compliance with the requirements of the law of the objects entrusted to Bon-Bags for the service.
5. DOCUMENTS
The client is obliged to accompany each consignment of a DDT, each storage with a DDD, and each shipment with a LDV, which is an integral part of these general Terms and Conditions of service and which will be free given by Bon-Bags or his agent.
DDT and DDD consist of 2 copies, must be completed in all its parts and signed by the client, even for acceptance of these Terms of Service.
It must be completed in a clear and readable way.
In the case of shipment by external courier, Bon Bags will send by email the LDV issued by the courier, with bar code and numeric code, which must be attached to the luggage and / or box by the customer.
The customer is the only responsible of the attachment of the LDV.
If the LDV detaches or breaks, the Bon Bags and the courier will not be liable in case of reversal or loss of luggage and / or box.
6. PACKAGING
The customer is the only responsible of the packaging.
Each luggage and / or box must be packaged and closed in an appropriate way to weight, shape, the nature and value of the content. The packaging and the closure must ensure that the contents are protected from deterioration and tampering. The client is obliged to a particular care in the preparation of isolation of internal material, in order to ensure adequate protection to the goods transport operations. The inner packaging must be suitable to protect the contents from shock and vibration. The customer is solely responsible for any damage caused by a lack of packaging even if not detected in phase of acceptance. The client will respond to any damage caused to others luggage in the case of transport of prohibited items or objects badly packaged.
7. BANNED ITEMS
Are not allowed to transport storage and/or ship, valuable objects, objects prohibited by the law or considered to be dangerous on the basis of the national legislation or by their nature or packaging may represent a damage to man, the environment or cause damage to other baggage. We do not transport storage and/or ship and do not provide different services inherent goods, which in our sole discretion are considered to be dangerous, including, but not limited to, those specified in the technical instructions in the European Agreement concerning the International carriage of dangerous goods by road (ADR), or in any other national legislation applicable to the transport and the completion of different services concerning dangerous goods.
Prohibited Articles or not accepted without prior authorization.
Bon-Bags does not carry the following articles
• 1. Plants and animals live or dead;
• 2. Licenses and certificates negotiable (bills of lading);
• 3. Money (coins, credit cards and travellers checks);
• 4. Other non-negotiable values;
• 5. Material that can be defined as pornographic or an adulterous;
• 6. Armaments, firearms and weapons;
• 7. Software containing information of high value;
• 8. Technological Material (Iphone, Ipad, Tablet, Pc, Smartphone, ecc);
• 9. Waste;
• 10. Political Material;
• 11. Hazardous Materials;
• 12. Narcotic or psychotropic substances;
• 13. Art objects;
• 14. Antiques;
• 15. Metals (gold and silver in any form) and precious stones;
• 16. Bulky goods;
• 17. Documents, tenders for participation in tenders and public or private, carte values, meal vouchers and coupons, etc.
• 18. Architectural Models;
• 19. Watches.
The following articles may be accepted from Bon-Bags only prior written approval and specific part of the same or if they are expressly subject to the commercial offer of Bon-Bags:
• 1. Food and pharmaceutical products;
• 2. Cigarettes and alcohol;
• 3. Fragile Objects, such as glass, bottles, etc.
• 4. Biological Tissues and anatomical parts.
The customer acknowledges and recognizes that the transport, storage and/or shipment of such goods is subject to specific rules in the sector. The expectation will thus have to be in accordance with the law and in accordance with any operational provisions prepared by Bon-Bags.
These indications may vary at any time.
8. RIGHT OF INSPECTION
The customer accepts that any governmental authority will be able to open and inspect the luggage or box at any time.
9. YOUR BONDS
Are guaranteed and insured that:
(a) the contents of the luggage or box has been properly described on our DDT, DDD or LDV;
(b) the contents of the luggage or box were you properly sealed and DDT, DDD or LDV has been from you set in a safe manner and in a prominent position on the external surface of the consignment so that it can be clearly seen from us and from the external courier;
(c) your data has been reported on our DDT or DDD;
(d) the contents of the luggage were you prepared and packed in a safe and accurate as to be protected against the risks of ordinary transport, or for the performance of different services, including processes of sorting;
(e) the contents of the luggage is not damaging the rest of the luggage we transported;
(f) the contents of your checked luggage are not banned articles, and you are not a person or an organization with which we cannot trade in relation to the laws or regulations applicable;
(g) if you have asked us to charge the cost of transport, storage and/or ship to a third party, in the case of non-payment, you will do the payment;
(h) have been complied with all laws and regulations applicable, in addition to the forecasts of this contract; (k) the value that is contained in each piece of checked baggage does not exceed 500 Euro.
You agree to indemnify us and keep us free from any liability, cost, damage or expense, including legal costs, in which we can incur in your regard or vis-à-vis third parties and that arise from breach by you of any of these guarantees, bonds and insurance, even if we accept inadvertently a shipment that is in conflict with any your obligation.
10. LIMITS OF LIABILITY
As part of our responsibility for the risks of loss or damage to luggage during transport, will be governed by article. cc 1696 as amended by Legislative Decree 11.21.2005 n. 286, and therefore limited to 1 € (One Euro) per kilogram of goods lost or damaged, unless otherwise specifically agreed in writing between the parties, as well as, for the part which are not governed by the legislation of cod. civ. on transport and storage contract; the limit of liability referred to in article 1696 cc will also be applied in case of delay in delivery, and only in relation to the damage that they are duly and fully tested, and which are the consequence – direct and predictable – of the delay. We are not liable for any loss of flights or trains, start-up, earnings, profit, market, reputation, clientele, use, opportunities, even if we had knowledge that such damages or losses may arise, in any case, not for any loss or damage indirect, incidental, special or consequential damages, including, without limitation, the cases of cancellation of the contract, negligence, gross negligence or failure. We are not responsible if we do not fulfill the obligations with respect to you therefore to circumstances beyond our control which (with listing that has a purely indicative and not exhaustive): natural events including earthquakes, hurricanes, storms, floods, fires, diseases, fog, snow or frost; events of force majeure included (with listing that has a purely indicative and not exhaustive) wars, accidents, acts of terrorism, strikes, embargoes, local dispute or popular uprisings; upheavals national or local networks in land transport and mechanical problems to modes of transport or machinery; vices latent or intrinsic of the contents of the shipment; criminal acts of third parties such as theft, robbery and arson, acts or omissions attributable to you or to third parties, the work of which you should answer; an act or omission chargeable to a public official; contents of your luggage not consist in valuable objects, articles that are prohibited goods in terms of law or of this contract, even if we had accepted the transport and/or storage for error.
We are not responsible for the breaking of luggage’s handles and / or wheels.
For shipment services by courier, by delivering luggage and / or box, the customer accepts the Terms and Conditions of the courier itself.
The sole responsibility to us attributable in relation to the services rendered, will be those governed by these general conditions of transport storage and shipment.
11. INSURANCE
By way of derogation from the limits of compensation is possible, on your part, obtain insurance cover for the luggage. The value of the insurance premium will be equal to the rates of Bon-Bags applicable at the time of dispatch or on the basis of the contractual agreements. You can buy from us with insurance coverage for the total value of transport and/or storage by filling in the appropriate box on the DDT or DDD and by paying the amount indicated in order to protect yourself against the risks of loss or damage during transport to a maximum of € 500 (five hundreds Euros) per luggage, unless otherwise agreed. This insurance is not available for precious stones, precious metals, watches, plasma screens, LCD, browsers, mobile phones, pc, tablet, jewelry, money, glass, porcelain, art objects, antiques, documents or films, tapes, disks, memory cards or any other carrier containing data or images. The above-mentioned options insurance does not cover losses of nature consequential or delays in the transport or the cases in which the loss is derived from your failure to comply with obligations under these terms and conditions, are not available to the services that do not relate to the carriage.
The above-mentioned options insurance does not cover breaking of luggage’s handles and / or wheels.
To obtain further details on the conditions and insurance coverage, visit our web site.
If luggage has already been covered by other insurance policy is not concluded by Bon-Bags and for the account of the Customer, our Company remains at the disposal of the Company which has ensured the transport for any revenge, if it is founded, within the limits provided for in art. 1696 C.c. By virtue of the above Bon-Bags, directly or through its insurance company, undertakes to compensate all the direct damage within the limits shown above.
For shipment with external courier you can purchase a Courier Insurance, accepting their Terms and Conditions.
12. COMPLAINTS
If you intend to file a complaint for a lost luggage, damaged, or for any damage, you must be conformed to the provisions of national law; otherwise we reserve the right to reject the complaint.
In particular, only after having signed “by reserve” the DDT or DDD at the time of delivery will be able to carry out a communication in written form within 8 calendar days of receipt of the luggage. After the first alert, and not later than the time limits provided for by law or by applicable conventions, you should document your complaint in sending all relevant information relating to the shipment, the loss and damage. We are not obliged to act on any complaint until the freight transport you have to pay has not been paid, you have not the right to deduct the amount of your complaint from freight transport you have to pay. We will consider luggage delivered in good condition unless the recipient has affixed specific reserve of damaged or lack on our DDT or DDD at the time of delivery of the luggage or box. In order to be able to take into consideration a claim for damage, the contents of your checked baggage must be put at our disposal for inspection at the delivery time. In case of acceptance by our of all or part of your complaint, guaranteed that your insurance or third parties that have an interest in the shipment will waive any right, remedy or claim which could be titrated by virtue of subrogation or another. You are committed against us not to allow any other person who has an interest in the shipment to make a complaint or bring an action against us in relation to transport, even where we have been negligent or defect and if a complaint or an action is brought, you will compensate the consequences of the complaint or of the action and the costs and expenses that are going to protect ourselves.
13. RATES AND PAYMENTS
Unless otherwise specifically agreed in writing by way of derogation, you are committed to pay for transport storage and/or ship between the places specified on the DDT or DDD, or for the execution of different services, and any value added tax on transport and/or storage within the payment terms agreed. Refrain from your right to reject our invoices where not reassessment the contestation of the same in writing within 7 days from date of invoice. We can check the weight of your shipment and where find a discrepancy between the weight of you declared, accepted that the weight we determined can be used for the purposes of our calculation. Accepted to pay all reasonable costs and their we incurred for the collection of unpaid invoices within seven days from the date of the invoice. The rates applicable to shipments are available upon request from our offices and on our web site. You agree to pay the amount of benefits paid for Bon-Bags governed by these terms and conditions within the agreed limits.
14. DELIVERY, STORAGE AND SHIPMENTS
Transport. Our operator will be in the place and in the scheduled time of delivery.
In case the customer has lost his copy of the DDT, an amount from € 10 (ten euros) to € 50 (fifty euros) will be charged.
The customer will be prompted to confirm the phone and email in the DDT and will be asked for personal ID of the person indicated on the DDT.
The luggage can only be returned to DDT’s owner, after paying DDT, + the additional charge for loss of DDT.
In case of delay to delivery appointment, the customer must notify via phone numbers present on DDT. In the absence of news and passed 30 minutes the operator Bon-Bags will continue its tour of deliveries. Luggage will be transported in our storage in Roma – Via di Castro Pretorio, 32 and will be held in storage at the cost of € 4 (four euros) per day. The owner will have to take contact with the Bon-Bags through the numbers or the email listed on DDT. Luggage will then be returned by hand after the payment of the amount in the DDT + the storage days.
Storage. Our store is open for deliveries every day from 8:00 am to 8:00 pm.
All luggage and / or box can be picked up at opening times by showing the copy of the DDD.
In case the customer has lost his copy of the DDD, a charge of € 10 (ten euros) to € 50 (fifty euros) will be charged.
The customer will be asked to confirm phone and email in the DDD and will be asked for a person ID of the person indicated on DDD.
The luggage can only be returned to the DDD owner after payment of the DDD, plus any days beyond the date on the DDD, in addition to the additional charge for the loss of the DDD.
Shipment. In the case of shipment from a different city to Rome, payment will be made by the customer upon delivery by the Bon-Bags operator in Rome.
In case of shipment with an external courier with a destination out of Rome, Bon Bags will only dispatch it after having received the payment from the customer that will include the cost of the service plus the deposit, wrapping, and express courier shipping charges.
In the case of shipment to different city from Rome the Bon-Bags will make the shipment only after having received the transfer that will include the cost of the service more than the cost of storage and the costs of dispatch by courier.
If the customer does not intend to comply with the related costs or absconding, Bon-Bags will assert, however stops the remedies of the usual legal actions to protect its credit, the right of retention according to the provisions of articles. 2756-2761 C.c. even by taking the deposit and the sale of the goods.
After 60 days from expected delivery date, in case of no collect and no payment, luggage is considered lost, and it will be in the full availability of Bon-Bags, also for purposes of charity.
15. REGULATIONS APPLICABLE
In case of some term or condition of this agreement is declared invalid or unenforceable, such determination shall not affect the other provisions of this contract of carriage which will remain in force for the remainder. Except as provided by each convention applicable, disputes emerging from this contract of transport and storage or related there to, shall be subject to italian law. Everything here is not expressly stipulated, reference is made and shall be construed as valid General Conditions – Confetra – practiced by all Couriers and forwarders Italian deposited at the C. C. I.A. A. national the 01.07.1997 , as well as the rules of the Italian civil code regulating the transport.
16. PLACE OF JURISDICTION
For any dispute relating to the relationship of transport between the parties, and exclusive jurisdiction of the Court of Rome.
17. PRIVACY INFORMATION
ARTICLE. 13 D. LGS 196/03 “CODE FOR THE PROTECTION OF PERSONAL DATA” your data will be treated for the purposes of execution of the contract and commercial information; the bestowal of the data is optional, but your eventual refusal would result in the inability to establish commercial relations with Bon-Bags S. r.l. ; your e-mail address will be used to send invoice and commercial information regarding our products and / or Services; your data will be treated with manual modes, computer and/or telematic, will not be subject to dissemination. Will be able to come to the knowledge of your data controllers (internal and external below) and the categories of persons responsible for treatment. You can contact us through our site to verify your data and to help them integrate, update or correct and/or to exercise the other rights provided for in art. 7 Of D. lgs. 196/ 03. In particular you can withhold your consent at any time, always through our site, to the processing of your coordinates of electronic mail for the purposes of direct sales or marketing. We wish to inform you that the holder of the treatment of the data and Bon-Bags S. r.l. Via Alfredo Catalani, 39 00100 Roma – the Controller the Commercial Director, domiciled for the office at the headquarters of the holder.