(solely applicable to the Delta Ski and Snowboard Shipping Promotion)
NOTWITHSTANDING THE TERMS OF SERVICE, THE MAXIMUM LIABILITY PER CLAIM OF DAMAGE OR LOSS WILL BE $3,500 SOLELY FOR CUSTOMER’S ELIGIBLE BAG(S), AS DEFINED IN DELTA AIRLINES’ LUGGAGE FORWARD SKI AND SNOWBOARD SHIPPING PROMOTION TERMS (NOTWITHSTANDING ANY LOWER LIMIT LISTED HEREIN).
You (hereinafter “Customer”) agree to and acknowledge the following with respect to any services ordered by you or on your behalf from Luggage Forward, Inc. (hereinafter “Luggage Forward”):
RECITALS
Luggage Forward provides luggage and sports equipment shipping services and Customer desires to utilize the services. Luggage Forward is willing to offer its services to Customer in accordance with the terms of this agreement and the operating rules or policies published by Luggage Forward.
DESCRIPTION OF SERVICE
Pursuant to the terms and conditions set forth in this agreement, Luggage Forward will arrange and manage luggage and sports equipment shipping services. Luggage Forward reserves the right to at its sole discretion refuse, cancel, terminate or hold any shipment when, in the judgment of Luggage Forward, the shipment or requested shipment may not comply with the terms of this agreement, is undeliverable, is unfit for shipment, could be easily damaged, and/or may contain possible dangerous, regulated or illegal items. Luggage Forward will make all commercially reasonable efforts to manage all necessary customer service functions and logistics arrangements, including coordination and oversight of contracted shipping and transportation companies, providing that the Customer provides timely and accurate information when available, concerning the shipment. Customer agrees that Luggage Forward may modify, suspend or discontinue any aspect of the services at any time without notice to Customer, in which case Luggage Forward shall not be liable to Customer or any third party. Customer further agrees that services are subject to all terms and conditions imposed by shipping and transportation companies contracted by Luggage Forward to transport Item(s), including but not limited to, any transportation agreements, applicable tariffs, other rules or procedures or terms and conditions described on such companies’ websites,
RATES
Rates generated on the Luggage Forward website or by a Luggage Forward customer service representative are based upon the information provided by the Customer at the time of inquiry. Final rates will be based upon actual weights and dimensions of each suitcase, box or case (hereinafter each an “Item” and collectively “Items”) that is shipped and will be verified during the shipment process. Dimensions are calculated from the widest point of each side. If the actual weight or dimensions of any shipped Item exceeds the maximum allowed for the quoted Item category, rates may adjust to reflect the next largest available Item category. If a larger category does not exist, additional charges will be prorated for the weight or dimension exceeding the maximum allowed in the largest category. Customer is responsible for all fees charged by a pickup or delivery location, such as a hotel or resort, or authorized drop off location for handling the shipment. All services are not available in all areas. Rates are subject to change without notice.
PACKAGING
All customers are required to adequately package the contents of their shipments with the necessary protective material to prevent damage. Luggage Forward shall have no liability for damage to, or loss of, packages or their contents resulting from over-packing or insufficient packaging. Bicycles must be packaged in a hard-sided case (rigid plastic, heavy corrugated cardboard or similar) with adequate internal padding. Customer may contact Luggage Forward for further information on acceptable packaging guidelines. All Items must have a shipping label provided by Luggage Forward securely attached to the outside of each Item and all Items must have a copy of the shipping label placed inside. Any other shipping labels must be removed from the outside of the package. Failure to perform these actions may result in a delay of service or a complete loss of your Item and will void any warranties expressly provided to you herein.
LOCKING YOUR ITEMS
Domestic Shipments. Items traveling within a single country must be locked. Failure to lock Items will void Customer’s right to file a claim for lost or missing contents of Items.
International Shipments. Items traveling between two countries must be unlocked as Items may have to be opened as a normal part of the Customs screening process. If Customer locks or otherwise seals an Item and Customs cannot open Item through other means, then the lock or seal may have to be broken. Luggage Forward is not liable for damage caused to locked sealed Items that must be opened for security or Customs screening purposes. Locking any Item traveling internationally can cause extended delays and will void any warranties expressly provided to you herein.
CANCELLATIONS AND CHANGES
Luggage Forward understands that travel schedules can change and we will make every reasonable effort to minimize fees resulting from cancellations and scheduling changes.
Cancellations. Luggage Forward will refund all booking charges for cancellations made at least three (3) business days prior to the original scheduled pickup time. If booking is cancelled less than three (3) business days before the original scheduled pickup time, a cancellation fee of $25 or 10% of the total charge, whichever is greater. Cancellations made within 24 hours of the original scheduled pickup time may not be refundable. After the first leg of a booking has been delivered, there is no fee for cancelling any subsequent leg of the same booking. Orders cancelled outside of 120 days of booking will refunded to the account that booked the order as a future credit.
Changes. Changes to pickup dates and times are allowed, without fees, if made at least three business days prior to the original scheduled pickup time. Changes made between three (3) business days and 24 hours prior to the original scheduled pickup time may be assessed a $25 administrative fee in addition to any difference in rate. Changes made within 24 hours of pickup time may be assessed an administrative fee of greater than $25 in addition to any difference in rate
INDEMNITY
Customer agrees to defend, indemnify and hold Luggage Forward and its owners, officers, directors, shareholders, 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 Forward Services, including but not limited to, your shipment of any Disallowed Goods as defined below.
SIGNATURE RELEASE
Items may be delivered without a signature if, in the sole discretion of the delivery driver, the Item(s) will be safe and protected from the weather. It is the responsibility of the Customer to request that Item(s) require a signature for delivery at the time of booking. Once any Item is delivered, Luggage Forward is not responsible for any Item delivered without signature. If a shipment is delivered to a business, a signature may be required for delivery. Luggage Forward will not be liable for delayed shipments due to a business being closed, or the absence or refusal of a person to sign for the shipment.
ADDRESS INFORMATION
Luggage Forward is not responsible for delay or loss of any Item resulting from incorrect, incomplete or invalid address information provided by Customer. The Customer will be responsible for any charges associated with correcting or changing address information and/or charges associated with returning undeliverable items to the origin address. Luggage Forward cannot ship to Post Office boxes.
DISALLOWED GOODS
No service shall be rendered in the transportation of any prohibited or restricted articles. Any shipment tendered by Customer that contains any of the following commodities will void any warranties expressly provided to you herein and may be in violation of local, state or federal law: (a) Electronics including, but not limited to, laptops, personal computers, stereo equipment, personal audio devices, cell phones, range finders, and plasma screens (b) Batteries including all wet or lithium batteries including, but not limited to, batteries integrated within electronic devices such as cell phones, laptops, tablets and personal audio devices (c) Alcohol including alcoholic beverages, or anything containing alcohol including, but not limited to, perfume, cologne (d) Drugs including all illegal narcotics, prescription medications, vitamins, supplements and medical equipment (including test meters) as defined by any jurisdiction where a shipment may originate, terminate or pass through during transportation (e) Gambling Devices (f) Firearms & Ammunition (g) Hazardous Materials including infectious substances, poisons, hazardous or corrosive chemicals, poisons, tear gas, mace, pepper spray, dry ice, infectious substances, any explosives such as fireworks and any flammable or combustible materials such as gasoline (h) Pressurized Containers including, but not limited to, aerosol cans and CO2 cartridges (i) Live Animals including pets and insects (j) Animal Carcasses including animal corpses, animal heads or other parts for taxidermy and meat or poultry products intended for human consumption (k) Human Remains including human corpses, fetal remains, human body parts, cremated or disinterred human remains, or components thereof (l) Hazardous Waste including, but not limited to, used hypodermic needles or syringes, or other medical waste or as defined as a solid waste that meets any of the criteria of the hazardous waste (m) Waste including any items considered garbage or intended for disposal (n) Cash or Negotiable Papers including coins, cash, currency stocks, bonds, cash letters or cash equivalents, including, but not limited to, food stamps, postage stamps (not collectible), traveler’s checks, lottery tickets, money orders, gift cards and gift certificates, prepaid calling cards (excluding those that require a code for activation), bond coupons, and bearer bonds, and negotiable instruments (such as drafts, bills of exchange, or promissory notes, checks); or other cash equivalents (o) Tobacco products, including cigarettes, cigars, chewing tobacco and pipes (p) Any food item including spices, oils or any other organic matter (q) Any item considered hazardous material by the Federal Aviation Administration: https://www.faa.gov/hazmat/packsafe/ (o) Any other item specified from time to time by Luggage Forward including packages that are wet, leaking or emit an odor of any kind; shipments that may cause damage or delay to equipment, personnel or other shipments; or shipments or commodities that require a local, state or federal license for their transportation or that are prohibited by applicable local, state or federal law.
Violators of the Federal Hazardous Materials Regulations (49 CFR parts 100—185) may be subject to civil penalties of up to $75,000 for each violation ($175,000 if the violation results in severe injury or substantial destruction to property).
VALUE PROTECTION
Luggage Forward’s maximum liability for major damage and/or loss of any Item (EXCLUDING NORMAL, ORDINARY AND CUSTOMARY WEAR AND TEAR) is limited to the lesser of the actual value or $500.00, unless Customer declares a higher value and pays an additional charge in advance of the Item being shipped, and adequately documents any actual loss in a timely manner; provided that, solely with respect to any Eligible Bag (as defined in Delta Airlines’ Luggage Forward Ski And Snowboard Shipping Promotion Terms), Luggage Forward’s maximum liability for major damage and/or loss of any Item (EXCLUDING NORMAL, ORDINARY AND CUSTOMARY WEAR AND TEAR) is limited to the lesser of the actual value or $3,500.00, unless Customer declares a higher value and pays an additional charge in advance of the Item being shipped, and adequately documents any actual loss in a timely manner. The actual claims process time will vary on a case-by-case basis. Only one claim can be filed in connection with each Item. Acceptance of payment of a claim shall extinguish any further right to recover in connection with that Item. This value protection does not constitute, nor do we provide, cargo liability insurance or any other type of insurance. It does not cover, and Luggage Forward is in no way liable, for any subsequent losses resulting from damaged or lost Items or any of the costs incurred with replacement of those goods. Luggage Forward is not responsible for delays due to factors beyond Luggage Forward’s control including but not limited to, direct or indirect, acts of God, the unavailability or refusal of a person to accept delivery of the shipment; acts of public authorities acting with actual or apparent authority; acts or omissions of customs or similar authorities; insufficient information provided by a customer; Hazardous Materials packages improperly offered for transport; improperly packaged liquids or gels that leak and damage surrounding items; the application of security regulations imposed by the government, or otherwise applicable to the shipment; riots, strikes or other labor disputes; civil unrest; disruptions in air or ground transportation networks; natural disasters; incomplete or incorrect address information; delay or seizure by Customs or similar authority; severe weather; and/or failure of delivery equipment. Shipment delays due to these occurrences void all responsibility and liability of Luggage Forward. Luggage Forward is in no way liable or responsible for any losses or damages to Items left unattended while waiting for pickup or property left unattended after delivery. Luggage Forward will in no manner be liable for the loss of or physical damage to certain Items or contents, including but not limited to: (a) Electronics including, but not limited to, laptops, personal computers, stereo equipment, personal audio devices, cell phones, laptops, and plasma screens (b) Fragile Items including any breakable or temperature sensitive items (c) Glassware including, but not limited to, signs, mirrors, ceramics, porcelains, china, crystal, glass, framed glass, and any other commodity with similarly fragile qualities (d) Musical Instruments (e) Software or components (f) Valuables including articles of unusual value, which shall be deemed to include any commodity that by its inherent nature is particularly susceptible to damage, or the market value of which is particularly variable or difficult to ascertain (g) Works of Art including any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes, but is not limited to, items (and their parts) such as paintings, drawings, vases, tapestries, limited-edition prints, fine art, statuary, sculpture and collector’s items (h) Collector’s Items including, but not limited to, coins, stamps, sports cards, souvenirs and memorabilia (i) Furs including, but not limited to, fur clothing, fur-trimmed clothing and fur pelts (j) Antiques including any commodity that exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include, but are not limited to, furniture, tableware and glassware (k) Jewelry including, but not limited to, costume jewelry, watches and their parts, mount gems or stones (precious or semiprecious), industrial diamonds, and jewelry made of precious metal (l) Precious Metals & Gems including, but not limited to, unset precious stones, industrial diamonds, any article that contains more than 50 percent by weight of gold or platinum, or any combination thereof in raw form including, but not limited to, bullion, bars, dust or scraps of these metals (m) Scale Models including, but not limited to, architectural models and dollhouses and prototypes (n) Photographic equipment including still and motion cameras, film, video recordings, digital recordings, photographic images, photographic negatives, photographic chromes and photographic slides (o) Disallowed Goods as defined herein (q) Any other item specified from time to time by Luggage Forward. Any shipment containing any of the aforementioned items shall void any warranties expressly provided to you herein.
WARRANTIES
Delayed Shipments. In the event that an Item is delayed, Luggage Forward will make every effort to locate the Item in a timely manner and deliver the Item to its intended destination. Luggage Forward will be in no way responsible for any losses, personal or business related, arising from the delayed Item. In the event that an Item is picked up on the scheduled pickup date and does not arrive on or before 11:59pm local time on the guaranteed delivery date (EXCLUDING DELAYS CAUSED BY FACTORS PREVIOUSLY MENTIONED), Luggage Forward will provide a reimbursement for the amount paid in full for the shipment of the delayed Item. Notwithstanding anything to the contrary set forth herein, Luggage Forward will also provide reimbursement of expenses incurred as a direct result of the delay of up to US $200.00 per day per Item until the day the delayed Item arrives. Reimbursements of expenses are not to exceed a total of $500.00 per delayed Item. Any expenditure must be approved in advance by Luggage Forward. Receipts must be submitted to Luggage Forward for reimbursement.
Lost or Missing Items. In the case of a missing Item, Luggage Forward will have eight (8) business days following the scheduled delivery date to locate the Item and notify the Customer of the status. If the Item and its contents are not located in their entirety within this time period, Luggage Forward will then proceed to gather information to process a reimbursement for up to the amount in which the lost Item(s) were covered.
Damaged Shipments. Luggage Forward 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 an Item is damaged excluding “normal wear and tear,” a claim must be submitted within 14 days of the scheduled or actual delivery, whichever is later. Luggage Forward and/or its affiliates must be given access to physically inspect the damage for the reimbursement to be paid up to but not exceeding the amount for which the damaged item was covered upon proof of value. The maximum reimbursement for damage to any suitcase, bag, case or other outer container will be the lesser of the actual cash value $500. Customer must retain all outer packaging used for the shipment in order to submit a claim. Packaging must conform with guidelines above in order to submit a claim.
Claims. Any claim must be submitted in a timely manner. The actual claims process time will vary on a case-by-case basis. In order to receive compensation, you may be required to complete a claims release agreement.
INTERNATIONAL SHIPMENTS
Luggage Forward will make all commercially reasonable efforts maximize the likelihood of a timely Customs clearance process and to minimize duties, taxes or other fees imposed by Customs or similar authorities. Customer is responsible for supplying Luggage Forward with the complete contents of each Item in the shipment. All documents and images provided to Luggage Forward must be clear and legible. Any duties, taxes or other fees incurred during the Customs process will be passed on to the Customer. Fees may be charged to Customer’s credit card given during booking or may be billed directly from third party Customs brokerage or shipping company. If an Item is delayed by Customs or similar authority, Luggage Forward will make every possible effort to resolve the issue and have the Item released, yet Customs delays are out of the realm of Luggage Forward’s immediate authority. Luggage Forward will not be liable for any losses resulting from delays that occur due to Customs inspections for international shipments. Items delayed due to Customs or similar authorities during international shipments will not be covered under the Delayed Shipments Warranty. You acknowledge that any goods shipped by Luggage Forward are subject to confiscation by United States and foreign Customs officials and other similar agencies. Disallowed items vary from country to country, please contact Luggage Forward if you have a question about sending a specific item to a specific country.
RIGHT TO INSPECT
Luggage Forward and its agents reserve the right to inspect and open any Item shipped by Luggage Forward.
WARRANTY AND LIABILITY DISCLAIMER
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 LUGGAGE FORWARD ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. LUGGAGE FORWARD, 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 LUGGAGE FORWARD, 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 LUGGAGE FORWARD ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF LUGGAGE FORWARD OR ITS AFFILIATES. LUGGAGE FORWARD 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. LUGGAGE FORWARD 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 LUGGAGE FORWARD, 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 LUGGAGE FORWARD, 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 LUGGAGE FORWARD, 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 LUGGAGE FORWARD DURING THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100.
GENERAL
This agreement is governed by the laws of the Commonwealth of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Boston, Massachusetts, 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 Luggage Forward. 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 Luggage Forward with respect to this website and any services provided to you by Luggage Forward and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Luggage Forward 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 Luggage Forward 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 Luggage Forward’s “Terms of Use and Privacy Policy” which may be found on Luggage Forward’s website and that you will comply with all applicable laws, statues, ordinances and regulations regarding your use of Luggage Forward’s services.
Any rights not expressly granted herein are reserved.
