You agree to and acknowledge the following with respect to any services ordered by you from The Luggage Club, Inc. (hereinafter "The Luggage Club"):
Rate quotes generated on The Luggage Club's website or by a The Luggage Club's customer service representative are based upon the information provided at the time of scheduling shipments. Final rates will be based upon actual weights and dimensions verified during the shipment process. Actual final charges may differ than quoted prices due to actual weights and dimensions.
All customers are required to adequately package their shipments with the necessary protective material to insure the safety of their shipments. All shipments must also be tagged with a secure luggage tag which contains the following information:
- Full name
- Address
- Phone number
You may contact The Luggage Club for further information on acceptable shipment tags and packaging guidelines.
All bags must also include a copy of the shipping ticket placed inside the bag or case. The Luggage Club will not be held liable for any shipment delays or lost item due to shipping tags falling off the item being shipped from neglect to adhere the tag onto the item correctly. Failure to perform these actions may result in a delay of service or a complete loss of your package and may void any warrantees expressly provided to you below.
The Luggage Club allows penalty free cancellations up to 72 hours prior to the scheduled pickup time for each leg of the journey. Full cancellations cannot be guaranteed within 24 hours of the shipment. If a shipment is cancelled within the 72 hours prior to the scheduled pick up date, a fee of $15.00/piece will be charged as a cancellation penalty fee. The Luggage Club will make every effort possible to limit cancellation penalties. In certain cases the customer may be responsible for the full order based on the circumstances.
Changes to pickup dates and times cannot be guaranteed with less than 24 hours of advance notice. In some circumstances, a change fee may be applied. The Luggage Club understands that travel schedules can change and we will make reasonable efforts to minimize fees incurred from cancellations and scheduling changes.
You agree to defend, indemnify and hold The Luggage Club and its owners, workers, clients, and agents harmless from all claims, demands, causes of actions, damages, liabilities, costs and expenses, including attorneys' fees, arising from or related to your acts or omissions in connection with your use of this website or any of The Luggage Club's Services, including but not limited to, your shipment of any Disallowed Goods as defined below.
The Luggage Club will allow shipped items to be delivered without a signature release for shipments with a total insured value under $1,000.00. Any shipments valued at more than $1,000.00 can not be left without a signature. If a shipment's destination is a business or hotel, a signature is required for the drop off. Please verify that someone will be present at the business or hotel if that is the intended drop off location. The Luggage Club will not be liable for delayed shipments due to a business being closed, or the missing presence of an individual to sign for the shipment. The Luggage Club cannot ship to any PO Boxes.
The Luggage Club will not ship any of the following:
- Valuables (Electronics, Jewelry, China, Antiques, etc)
- Explosives, Firearms, Flammables, Tear Gas, Mace, Pepper Spray
- Perishables
- Fragile, breakable, or temperature sensitive items
- Pets, Insects, animals
- Cash
- Hazardous waste
- Musical Instrument
- Pressurized containers
- Photographic equipment
- Software or components
- Documents, furs, works of art or other similar valuable items
- Securities and negotiable papers
- Human remains
- Alcoholic beverages, or anything containing alcohol
- Illegal narcotics/drugs
- Any other item specified from time to time by The Luggage Club
Each item shipped will be automatically insured (EXCLUDING NORMAL, ORDINARY AND CUSTOMARY WEAR AND TEAR) up to $1,000.00. This insurance covers against major damage and/or loss of luggage up to the insured value of the goods, but not any of the costs included with replacement of those goods. It does not insure, and The Luggage Club is in no way liable, for any subsequent losses resulting from damaged or lost items. The Luggage Club is not responsible for delays due to factors beyond The Luggage Club's control including but not limited to, direct or indirect, acts of God, riots, strikes, and/or failure of delivery equipment. Shipment delays due to these occurrences void all responsibility and liability of The Luggage Club. The Luggage Club is in no way liable or responsible for any losses or damages to property left unattended while waiting for pickup or property left unattended at the final destination.
In the event of a delayed shipment (EXCLUDING DELAYS CAUSED BY FACTORS PREVIOUSLY MENTIONED), The Luggage Club will provide a reimbursement for the amount paid in full for the delayed shipments. The Luggage Club will be in no way responsible for any losses, personal or business related, arising from the delayed shipment. If a shipment that involves sports equipment is delayed, The Luggage Club will reimburse all shipping charges and provide a cash stipend of up to $75.00/day/bag toward the costs of rental equipment until the delayed equipment arrives. Reimbursement for rental fees will be provided upon receipt at the time of billing. This stipend is available for no more than 3 days. In the event that Luggage is delayed, The Luggage Club will make every effort to locate the luggage in a timely manner and deliver the luggage to its intended destination. The Luggage Club will reimburse the amount paid in full for the shipment of the delayed luggage, yet The Luggage Club will provide no stipend or rental compensation for delayed luggage.
In the case of a missing bag, The Luggage Club will have a 72 hrs grace period to locate the lost item and notify the customer of the status of the shipment. If the shipment is not located within the 72 hr. period, The Luggage Club will then proceed to gather information to provide a claim up to the amount in which the baggage was insured. The actual claiming process time will vary on a case-by-case basis.
The Luggage Club has no liability for damage or loss of protruding baggage parts such as wheels, straps, pockets, pull handles, hanger hooks or other items attached to baggage. If a shipment is damaged excluding "normal wear and tear" a claim must be submitted and an agent will be required to assess the damage for the claim to be paid up to but not exceeding the amount for which the damaged item was insured upon proof of value. Customer must retain all outer packaging used for the shipment in order to submit a claim.
Notwithstanding anything to the contrary set forth herein, The Luggage Club will not be liable for delays that occur due to customs inspections for international shipments. If a shipment is delayed in customs, The Luggage Club will make every possible effort to correct the problem, yet customs delays are out of the realm of The Luggage Club's authority. At the time of shipping, a The Luggage Club customer service representative will make all preventative measures possible to reduce the complexity of the customs inspection process. Any fees incurred during the customs inspection process will be passed on to the customer and included in the final billing statement. Luggage delayed during international shipments will not be covered under the delay warrantee offered for domestic shipments. You acknowledge that any goods shipped by The Luggage Club are subject to confiscation by U.S. and foreign customs officials and other similar agencies.
The Luggage Club and its agents reserve the right to inspect and open any item shipped by The Luggage Club.
In some cases screeners will have to open your baggage as part of the screening process. If your bag is unlocked then agents will simply open and screen the baggage. However, if you decide to lock your checked baggage and the agent cannot open your checked baggage through other means, then the locks may have to be broken. The Luggage Club is not liable for damage caused to locked bags that must be opened for security purposes.
EXCEPT FOR THE EXPRESS WARRANTIES MADE TO YOU UNDER THE HEADING ABOVE ENTITLED "WARRANTEES", ALL INFORMATION CONTAINED ON THIS WEBSITE AND ANY AND ALL SERVICES PROVIDED TO YOU BY THE LUGGAGE CLUB ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE LUGGAGE CLUB, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION ON THIS WEBSITE AND ANY SERVICES PROVIDED TO YOU BY THE LUGGAGE CLUB, ITS EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE SHIPPING AND TRANSPORTATION COMPANIES PROVIDING SERVICES FOR AND ON BEHALF OF THE LUGGAGE CLUB ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE LUGGAGE CLUB OR ITS AFFILIATES. THE LUGGAGE CLUB AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SHIPPING OR TRANSPORTATION COMPANIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE LUGGAGE CLUB AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE LUGGAGE CLUB, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE, OR FOR ANY SERVICES OBTAINED THROUGH THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE LUGGAGE CLUB, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE LUGGAGE CLUB, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE LESSER OF THE FEES PAID BY YOU TO THE LUGGAGE CLUB DURING THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100.00.
This agreement is governed by the laws of the state of Wisconsin, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Oshkosh, Wisconsin, USA, in all disputes arising out of or relating to the use of this website, any purchases made using this website or any services provided to you by The Luggage Club. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and The Luggage Club with respect to this website and any services provided to you by The Luggage Club and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and The Luggage Club with respect to the matter set forth herein. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Neither The Luggage Club nor any Affiliate or any of their respective Suppliers shall be deemed to be in default of this Agreement or be liable for any delay or failure in performance resulting directly or indirectly from any act of God, civil or military authority, civil disturbance, war, strike, fire, earthquake or other cause beyond its control.
You further agree that you have read and agree to be bound by the additional terms contained in The Luggage Club's "Terms of Use and Privacy Policy" which may be found on The Luggage Club's website.
Any rights not expressly granted herein are reserved.
|
