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”):
RATES
Rates generated on the Luggage Forward website, www.luggageforward.com,
or by a Luggage Forward customer service representative are based upon
the information provided at the time of inquiry. Final rates will be based
upon actual weights and dimensions of each suitcase, box or case (hereinafter
"Item") verified during the shipment process. Dimensions are
calculated from the widest point of each side. If the actual weight or
dimension of any shipped Item exceeds that of the quoted Item, rates will
adjust to reflect the next largest available Item class. If a larger class
does not exist, additional charges will be prorated for the weight or
dimension exceeding the quoted allowance. Final charges may differ from
quoted prices due to actual weights and dimensions. 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.
Bicycles and surfboards must be packaged in hard-sided (rigid plastic,
heavy corrugated cardboard, or similar). Customers 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. Failure to perform these actions may
result in a delay of service or a complete loss of your Item and may void
any warrantees expressly provided to you below.
LOCKING YOUR LUGGAGE
Items traveling domestically within the 50 United States must
be locked. Failure to lock luggage will void Customer’s right to
file a claim for lost or missing contents of Items. Items traveling internationally
must be unlocked as, Items may have to be opened as a normal part of the
screening process. If you lock or otherwise seal your Items and the agent
cannot open your Item through other means, then the lock or seal may have
to be broken. Luggage Forward is not liable for damage caused to locked
bags or sealed packages that must be opened for security or customs screening
purposes. Locking any Item traveling internationally can cause delays
which will void our service guarantees.
CANCELLATION
Luggage Forward will make every effort possible to limit cancellation
fees. Luggage Forward’s policy is to charge a cancellation fee of
$25 for any cancelled shipment. If a shipment is cancelled within 72 hours
of the original scheduled pickup time, the cancellation fee is assessed
at 10% of the order cost. Please note that the minimum charge for any
cancellation is $25. Cancellations cannot be guaranteed within 24 hours
of the pickup date. 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. Luggage Forward understands that travel schedules can change
and we will make reasonable efforts to minimize fees incurred from cancellations
and scheduling changes.
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
Luggage Forward allows Items to be delivered without a signature
release. It is at the discretion of the Luggage Forward shipping agent
as to whether or not a shipment should be released without a signature
at the time of delivery. It is the responsibility of the Customer to request
that Item(s) require a signature for delivery at the time of booking.
Once any order is delivered, Luggage Forward is not responsible for any
Item released without signature. If a shipment’s destination is
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 PO boxes.
DISALLOWED GOODS
Luggage Forward will not ship any of the following:
• Valuables (electronics, jewelry, china, antiques, etc)
• Explosives, firearms, flammables, tear gas, mace, pepper spray
• Perishables (food, plants, beverages, etc)
• Dirt (commonly found on golf clubs and shoes)
• Fragile, breakable, or temperature sensitive items
• Pets, insects, animals
• Cash or cash equivalents
• Hazardous materials (dry ice, gasoline, wet or lithium batteries,
poisons, infectious substances, etc)
• Musical instruments
• Pressurized containers (CO2 cartridges, aerosol cans, etc)
• Photographic equipment
• Software or components
• Documents, furs, works of art or other similar valuable items
• Securities and negotiable papers
• Human or animal remains
• Alcoholic beverages, or anything containing alcohol (wine, perfume,
cologne, etc)
• Tobacco or tobacco products
• Illegal narcotics/drugs
• Pornographic materials
• Any other item specified from time to time by Luggage Forward
INSURANCE
Each Item will be automatically insured (EXCLUDING NORMAL, ORDINARY AND
CUSTOMARY WEAR AND TEAR) up to $500.00. This insurance covers against major
damage and/or loss up to the insured value of the Item, but not any of the
costs incurred with replacement of those goods. It does not insure, and
Luggage Forward is in no way liable, for any subsequent losses resulting
from damaged or lost Items. 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; 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 at the final destination.
WARRANTEES
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 shipped does not arrive on or before 11;59pm
local time on the scheduled 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. Luggage
Forward will also provide reimbursement of expenses incurred as a direct
result of the delay of up to $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 Item. Any expenditure must be approved in advance by Luggage
Forward. Receipts must be submitted to Luggage Forward for reimbursement.
The actual claims process time will vary on a case-by-case basis.
Lost Shipments
In the case of a missing Item, Luggage Forward will have eight
business days following the scheduled delivery date to locate the Item
and notify the Customer of the status. If the Item is not located within
this time period, Luggage Forward will then proceed to gather information
to process a claim for up to the amount in which the lost Item(s) were
insured. The actual claims process time will vary on a case-by-case basis.
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 delivery.
Luggage Forward must be given access 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. The maximum reimbursement for damage
to any suitcase, bag, case or other outer container will be $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. The actual claims process time will vary on a case-by-case basis.
INTERNATIONAL SHIPMENTS
If an Item is delayed in customs, 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. Notwithstanding
anything to the contrary set forth herein, Luggage Forward will not be
liable for delays that occur due to customs inspections for international
shipments. At the time of shipping, a Luggage Forward customer service
representative will make all reasonable preventative measures possible
to reduce the complexity of the customs inspection process. To ensure
an expedited 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. To minimize the possibility of clearance delays, all
documents and images provided to Luggage Forward must be clear and legible.
Any duties, taxes or other fees incurred during the customs inspection
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. Items delayed due to Customs
or similar authorities during international shipments will not be covered
under the Delayed Shipments Warrantee. 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 forwarding 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.
Any rights not expressly granted herein are reserved.
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