Terms and conditions

When a Traveller is interested in the Bags Parking service, the mobile app allows them to book online immediately and pay online directly if the Bags Manager has provided his schedule of availability and his hours of availability or opening hours and if the drop-off and pick-up times are chosen by the Traveller coincide with this schedule.

After booking, the Traveller will be informed by email at the address provided in their account with a detailed summary of the confirmed booking and payment will be taken automatically.

The Traveller is the only decision-maker when choosing whether to accept the terms offered by Bags Parking.

The Traveller will not be able to drop off and store his luggage with Bags Parking unless he has successfully downloaded the app and created an account and his online payment for the price of the transaction and the service fees has been validated.

Luggage storage with a Bags Manager may only be for a duration corresponding to one of the packages available at the time of booking.

Renewal of any ongoing luggage storage is subject to the initiation of a new transaction on the app and, if necessary, a new storage contract.

The storage service is for the Bags Manager to collect, look after, and redeliver luggage at the depot booked by the Traveller, at the dates and times indicated on the booking made on the Bags Parking app.

The Bags Manager is exempt from any claim concerning the valuables eventually included in the luggage. Furthermore, the Bags Manager is under no circumstances responsible for any shipping expenses for the bags, except if the Bags Manager fails to be at the storage location within 15 minutes after the scheduled pickup time. In that case, the Bags Manager will be fully charged for baggage shipping and baggage handling costs.

Each Bags Manager is covered by a BAGS PARKING guarantee (hereinafter, the “Guarantee”) for a value of Euro 500,00.

In the event that the reason for the claim for the use of the Guarantee (loss or damage to property, etc.) is the misconduct of the Bags Manager, Bags Parking, after clearing the damages caused to the Traveller, has the right to retaliate against the Bags Manager for the full amount of the Guarantee requested by the Traveller. 

10.1 Bags Parking guarantees to pay an amount in compensation for loss or damage to your property, subject to the limitations, exclusions, and conditions contained in this clause 10. You should carefully read all of these clauses before participating in a booking to ensure that you do not do anything which will invalidate the Guarantee.

10.2 You acknowledge and agree that in all cases, Bags Parking will decide in its sole discretion whether any claim made pursuant to this clause meets the conditions imposed by this clause and what exclusions and limitations apply and that Bags Parking’s decision on such matters will be final and binding. You further acknowledge and agree that:

10.2.1 Bags Parking reserves the right to withdraw the Guarantee at any time before a claim is made, and following withdrawal, no new claims will be considered;

10.2.2 The Guarantee is intended to promote the use of our services by encouraging users to formalize their booking arrangements. The Guarantee is a guarantee of responsibility between users and is not an offer to insure your property and does not constitute a contract of insurance.

10.3 In order to be eligible for consideration for a guarantee payment, you must be compliant with the following conditions at all material times. If in Bags Parking’s reasonable opinion, you are not fully compliant with each requirement in this clause, or if you cease to be compliant at any time during the process of invoking the Guarantee (for example, by receiving an insurance payment), the Guarantee will be invalid and no payment will be made to you. If you do not wish or are unable to comply with any of the following conditions, you should inform us and the Guarantee will not apply to you:

10.3.1 You must (a) have suffered loss or damage to property during the period of validity of a booking; (b) be 18 or over and a registered user of the App; (c) be a participant as a Traveller or Bags Manager (referred to as “party” or “parties”) of the booking giving rise to the claim; (d) make all bookings only using the online booking system on the App; (e) not have committed a material breach of any of these Terms and Conditions; (f) being in possession of the picture of the luggage or object shared taken during the time of deposit and sent via chat with the other party (Traveller/Bags Manager).

10.3.2 You must be either (a) the owner, mortgagee, or contracting tenant of the storage space address in the case of Bags Manager, or (b) the owner of all the goods in respect of which the guarantee is to be invoked in the case of Traveller.

10.3.3 You must have used your best efforts to resolve the situation and recover your losses:

(a) initially, with the other party by mutual agreement as to liability and appropriate compensation with reference to the booking;

(b) where theft, criminal damage, or illegal activity of any kind is suspected or alleged, by contacting the police and, depending on the outcome of any criminal investigation, filing any claim for compensation with any insurer or other body (including, without limitation, government bodies or schemes) that is or becomes available as a result of such investigation; and

(c) by making a claim or claims to any and all existing insurers (including without limitation, household insurers) and pursuing them to their official conclusion.

10.3.4 You must not have received any payment of any amount whatsoever from any insurer or the other party or any other third party in respect of the loss for which you are claiming.

10.3.5 You must not make any claims under this clause for a second time after the original claim was rejected by Bags Parking.

10.3.6 You must be prepared:

(a) to disclose relevant communications from your insurance company to us (to the extent that you are permitted to do so under any confidentiality obligations) including without limitation correspondence regarding any claims you make against any insurance policy in respect of the loss or damage claimed for; and

(b) at the company’s discretion, to submit a Data Access Request at your own cost to fraud prevention agencies or insurance information exchanges and to disclose all information received to us except where we agree that any part of such information is not relevant.

10.3.7 Bags Parking must not have any reason to suspect you of dishonesty. For the avoidance of doubt, the Guarantee will not apply and your User status suspended where the company discovers or reasonably suspects:

(a) based on information received from any relevant, reputable source (including without limitation the police or any government or regulatory body), that you are intending or attempting to abuse the Guarantee;

(b) that you have been involved in any fraudulent or illegitimate activity related to false insurance claims or similar dishonesty; or

(c) that any loss or damage which would otherwise be covered by the Guarantee was the result of any illegal or dishonest act or omission by you.

10.3.8 You must cooperate fully with all investigations and requests made by Bags Parking in carrying out its investigations and obligations under this clause. 

10.3.9 To be eligible for the Guarantee, the user must ensure that the luggage is secured with a lock at the time of deposit. Bags Parking reserves the right to refuse any compensation claim if the luggage was not properly secured with a lock, thereby voiding the Guarantee.
 

10.4 Financial Limitations of the Guarantee. Subject to the limitations, exclusions, and conditions contained in this clause 10, Bags Parking will pay up to a maximum of Euro 500,00 per claim to repair or replace (at our discretion) your property damaged or destroyed as a result of a qualifying loss. Replacement items will be valued at their actual cash value, that is, their current market value minus wear and tear. The sentimental value of items should not be relevant to their valuation.

10.5 Process of invoking the Guarantee. Failure to comply with the deadlines in this clause will invalidate the Guarantee. You must notify Bags Parking using the email address listed below or on the contact us page within seven days of discovering the loss or damage for which you wish to invoke the guarantee. You must cooperate in supplying all evidence of your identity, address, and loss or damage suffered as we reasonably require. You must supply us with the same picture of the luggage that you already shared with the Bags Manager on the chat system when you left the luggage with him. Where criminal damage, theft, or other criminal or illegal activity is suspected, you must have notified the police within 48 hours of discovery before you notify us, and when you notify Bags Parking, you must provide a crime reference number or its equivalent in your jurisdiction. We will contact you within three working days to advise whether your claim is eligible for consideration, giving you one of three responses:

10.5.1 “Claim Invalid”, which means that your claim is not covered by the Guarantee for the stated reason(s).

10.5.2 “Claim Pending”, meaning that your claim is on hold until the steps outlined in the response are taken and pursued to a conclusion. This will normally mean that the outcome of a claim against insurance or a criminal investigation is awaited. It is your responsibility to maintain contact with the police and/or insurance company and/or any other agent or applicable entity to follow the process of the investigation, criminal proceedings, or claim;

10.5.3 “Claim Eligible”, meaning that we are prepared to consider your claim and you have 10 days from receipt of our response to follow the steps in clause 10.6.

10.6 If our response to the process described in clause 10.5 is that you have an eligible claim, you must submit a full claim within 10 days of that response. A full claim must include:

10.6.1 A statement signed by you confirming that the information in the claim is true to the best of your knowledge and belief;

10.6.2 A detailed description of the loss or damage suffered, including dates (which may be estimated where exact dates cannot be confirmed), the nature and cause of the loss or damage, proof of ownership, date of acquisition, physical condition, and supporting evidence such as receipts, inventories, quotes for repair work, and so on, as well as the claimed value of any high-value items lost or damaged;

10.6.3 If you are a Bags Manager, evidence of your ownership or tenant status with regard to the premises;

10.6.4 A statement giving full details and dates of what, if any, action you have taken to resolve the matter, including without limitation, negotiations with the other party to the booking, claims against insurance policies and police reports, and all communications with the foregoing, including responses, received;

10.6.5 A statement stating whether any insurance policies, security deposits, or other potential avenues of recovery apply. If an existing insurance policy or other mechanism exists but does not apply, the reasons must be given. If they do apply, the evidence must be provided that the claim process has begun, and the claim to Bags Parking may then be put on hold until such process is completed.

10.7 Upon receipt of a full claim, Bags Parking will evaluate it before deciding whether to make a payment under the Guarantee. Except in exceptional circumstances or those beyond its control, Bags Parking will decide within 90 days of receipt of the full claim. As part of its evaluation of the full claim, Bags Parking may do any of the following, in its sole discretion:

10.7.1 Require you to submit a Data Access Request at your own cost to fraud prevention agencies or insurance information exchanges and to disclose the results to us;

10.7.2 Require the parties to the booking to participate fully in independent mediation, and you hereby agree to do this if a full claim is made under any booking to which you are a party.

10.7.3 Obtain an independent expert’s valuation of any item or items claimed for;

10.7.4 Obtain a loss assessment from an independent expert where we believe it to be necessary. Such experts may include, without limitation, lawyers, surveyors, and pest controllers.

10.7.5 Require you to obtain up to three quotes for repair work;

10.7.6 Make requests for further information from the other party, insurance companies, the police or other authorities (including local authorities), or other relevant parties (such as neighbors or witnesses to any incident out of which the claim arises). As a party to a booking, you hereby agree to use your best efforts to facilitate such investigations, including giving your permission for information to be released to us where we reasonably require this and including where the person making the full claim is the other party with respect to which you have made the booking;

10.7.7 Conduct interviews with either party or any relevant third party, either directly or through a representative, and you agree to use your best efforts to facilitate such activity.

10.7.8 Inspect (either ourselves or with the assistance of an expert) any damaged items; and/or 

10.7.9 Pay a sum under the Guarantee, or refuse to do so, giving reasons for the decision.

10.8 Exclusions the Guarantee does not cover or apply to:

10.8.1 Any booking for which Bags Parking has not received a list of items signed by the party requesting such a claim in which all items are individually listed along with their estimated value;

10.8.2 Any loss or damage that has not been reported in accordance with clause 9.5;

10.8.3 Any loss or damage above any limitations set out in clause 9.4 arising out of one or more bookings entered into by the claimant;

10.8.4 Items damaged in transition. The phrase “damaged in transition” includes, without limitation, damage occurring while (a) transporting items to and from the storage space; (b) storing, packing, and organizing a storage space at any time during the period for which the booking is valid;

10.8.5 Damage to stored items, or to the premises by stored items, which were not packed reasonably safely and securely, or which were stored in a way that made it reasonably foreseeable that damage to the items or the premises could occur. By way of example, but not limited to, none of the following would be covered: Fragile glass items in cardboard boxes with weighty boxes placed on top of them, unprotected photos stored in a damp environment, items made of cloth packed in an unsealed bag, or liquids stored without being properly sealed, heavy items placed in areas unable to bear their weight, or items that rust due to a damp environment;

10.8.6 Damage caused by reasonably foreseeable and preventable occurrences (including, without limitation, fire or burst water pipes) where either party failed to take reasonable measures to prevent or limit such damage. By way of example, but not limited, failing to repair faults in the structure or fittings at the premises; failing to fit smoke alarms at the premises;

10.8.7 Damage to stored items or the premises by a third party (including without limitation outside contractors engaged by either party, other Traveller who are party to another booking with the Bags Manager, or other adults or children residing at or visiting the storage address);

10.8.8. Single items worth less than €25,000 (although such items may be included in a group claim for lower-value items);

10.8.9 Currency, money, precious metal in bullion form, notes or securities; jewelry; works of art or antiques valued at or above €100,00 documents which would be costly or difficult to replace, including without limitation, passports or original versions of business contracts, deeds, and certifications or qualifications;

10.8.10 Theft of or damage to any item in respect of which the Traveller cannot provide at least one of the following to the Company’s reasonable satisfaction: (a) a proof of purchase of that item; (b) the picture of the luggage or object shared taken during the time of deposit and sent via chat with the other party (Traveller/Bags Manager); or (c) any other evidence demonstrating proof of ownership and/or value;

10.8.11 Theft or malicious or criminal damage to items (a) that is not reported to the police within 48 hours of an innocent party becoming aware of it, and in any case within 7 days of the end of the booking period, or (b) where efforts to recover the value thereof have been unsuccessful (whether through criminal compensation schemes or existing insurance policies);

10.8.12 Any loss or damage (a) to or caused by Prohibited Item(s) knowingly stored, or (b) to any items or property claimed in respect of any booking where Prohibited Item(s) were knowingly stored. For the avoidance of doubt, the presence of Prohibited Item(s) will automatically preclude any claim by the Traveller against the Guarantee, and may preclude any such claim by the Bags Manager where Bags Parking reasonably suspects that the Bags Manager was aware of such presence, regardless of whether the claimed loss or damage was caused by or related to the presence of such Prohibited Item(s);

10.8.13 Damage caused by stored items to goods or personal possessions owned by the Bags Manager. The Guarantee only covers damage to the fixtures, fittings, or structure of the premises;

10.8.14 Damage caused by or attributable to ordinary wear and tear;

10.8.15 Any injury to or illness or death of any person arising out of the booking, or any claim based on the occupier’s liability of the Bags Manager. Such events must be claimed for and/or litigated outside of the guarantee scheme;

10.8.16 Any loss or damage caused directly or indirectly by an event of force majeure. These include, without limitation, earthquakes, storms, adverse weather conditions or natural physical disasters, power failures, epidemics, labor disputes, riots or civil disorder, war, acts of terrorism, or acts of God;

10.8.17 Any loss or damage suffered as a result of the theft or misuse of personal data or identity;

10.8.18 Non-payment of any part of the price or any other money owed by the Traveller to Bags Parking.

10.8.19 Indirect losses of any kind, including without limitation, loss of profit, goodwill, or business.

10.9 Modifications and Cancellation of the Guarantee. Bags Parking reserves the right to modify or cancel the guarantee at any time and at its discretion.

10.9.1 In the event of cancellation, no new claims will be permitted but any claims under the Guarantee which are already in process (that is, the email request has been sent to us) will be considered in accordance with the version of this clause 7 in effect at the time of submission of the email request.

10.9.2 Where Bags Parking modifies the guarantee, we will display a notification on the site and mobile app, and your continued use of the app or services will indicate your acceptance of the modification.