The following definitions apply to the General Conditions of Use set out below governing luggage storage and other services offered by “BagsParking” and operated by “users” of its platform.
- “BAGS PARKING S.r.l defines the company that operates a luggage storage service and other services on the BagsParking mobile app (below only App);
- “Bags Manager”: “Bags Manager” is the user of the platform that provides, via the App BagsParking, a luggage storage service and other services in respect of a payment made by the Traveler;
- “Traveler”: is the platform user requesting, via the App BagsParking, a luggage storage service and other services;
- “User”: indistinctly designates the Bag Manager or the Traveler that, when the account is created, accepted these terms and general conditions of use and benefits from the site as a bidder or and the applicant of a luggage storage service (and other services). Users are solely responsible for the effective implementation of the luggage storage and other services;
- “Service”: refers to the services rendered by BagsParking to a User via the App, provided that BagsParking is never part of a deposit or other services contract;
- “Storage”: refers to a set of operations and services that Bag Manager carry out on the luggage collected;
- “Different services”: means all additional services offered by Bag Manager, such as printing services, delivery of luggage in a different place, airport transfer, etc.
- “Online booking”: is the system by which users give BagsParking access to the storage booking service and different services and related payment.
- “Payment”: is the amount paid by the Traveler to the Bag Manager, using the BagsParking platform, defined by the amount of luggage and the duration of booked storage or by the type of different type of services required, net of booking expenses;
- “Account suspension”: measure put in place in case of verification violation by Users of one or more provisions of these Conditions;
- “Prohibited items”: refers to any goods or materials whose transportation is prohibited by any law, rule or regulation.
2. THE SERVICE
BagsParking, through its App, offers the services specified below:
- contacting, through its platform, all users who offer and require a luggage storage service and other services;
- providing an online booking service and payment management.
3. USING THE SERVICE
To register and use the online service proposed by BagsParking, each user must first create a user account, providing their personal data, necessary for the proper functioning of the service. User confirm that they are more than 18 years old at the time of their subscription.
The username and password are strictly personal and confidential. Any login to a personal account will be assumed to be carried out by the Users. Bags Parking may not be held responsible for logins by third parties.
Some additional information must be completed by the Bags Parking in order to publish an advert, and some must be completed by the Traveler to make a reservation.
Each User may only create one account, for strictly personal use. The User also agrees to update registration information if it changes at any time.
Bag Parking shall in no way be held responsible for the information provided by Users, which may be erroneous or fraudulent.
4. BOOKING AND STORAGE DESCRIPTION
When a Traveler is interested to 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 chosen by the Traveler coincide with this schedule.
After booking the Traveler 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 Traveler is only the decision maker when choosing whether to accept the terms offered by Bags Parking.
The Traveler 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 of 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 Traveler, at the dates and times indicated on the booking made on Bags Parking app.
5. REQUEST AND PAYMENT
The Luggage storage services offered by Bags Parking as an intermediary are provided at the prices in effect on the day on which the Traveler makes his Booking as they are displayed on the App and displayed again before the Traveler makes the request. These prices, which include all taxes, include the storage service, Bags Parking’s Service Fees and VAT. The Service Fees are calculated based on the price of the Booking.
Prices may be modified at any time, without warning, by simply displaying the new prices in effect.
Luggage storage with a Bags Manager shall only be for a duration corresponding to one of the packages available at the time of booking. The price displayed for a package is the price for one piece of luggage.
A luggage storage Booking will only be confirmed when the Traveler has paid the whole transaction, including the amount due to Bags Manager and Bags Parking’s Service Fees + VAT.
However, the prices displayed do not take into account exchange rates or fees linked to the use of a foreign bank card.
All Bookings constitute a definitive order as soon as they are paid in full by the Traveler.
The price displayed in the request confirmation is the definitive price. Prices are displayed in euros with all taxes included.
Bookings made through the App are carried out in the following way. Bags Parking uses the services of the company Stripe to collect payments carried out online and to redistribute the amounts owed to the Bags Manager, as well as to Bags Parking for its Service Fees:
1. Payment time: payment is made immediately by the Traveler for instant Bookings. The Traveler will be informed of the total amount payable before they confirm their Booking.
2. Booking confirmation: a Booking summary (date and time of Luggage drop-off, package chosen, number of pieces of Luggage, price of Luggage storage and total price) will be displayed on the App so that the Traveler can check their order and confirm or not their Booking.
3. Choice of payment method: the Traveler may pay for their Booking online, through bank card.Payment will be carried out in euros on the site’s secure interface. The Bags Manager’s bank details do not pass through the App. Only Bags Parking’s partner has access to this information.
4. Confirmation of Terms and Conditions of Sale: the Booking will be confirmed definitively once Bags Parking’s Terms and Conditions have been read and accepted by the Traveler, who recognises that they aware of and subject to the clauses of these Terms and Conditions. The box “I accept the Terms and Conditions ” must be ticked for the Traveler to be able to proceed to payment. The act of ticking the box will have the same value as a handwritten signature from the Traveler.
The Terms and Conditions of Stripe Electronic Money payment services can be consulted at https://www.stripe.com.
5. Order confirmation: confirming the order summary constitutes an electronic signature. This signature has the same value as a handwritten signature for both parties and acts as proof of the totality of the order and of the payability of the sums owed for this order.
Please note: Bags Parking reserves the right not to confirm the order in the event of existing disputes with the Traveler, of total or partial non-payment of an order by the Traveler, or of a card payment being declined by a banking organisation.
Connection and communication fees (internet) linked to the use of the App are the responsibility of the User.
Bags Parking will not be responsible for any errors in payment or Booking confirmation linked to a Traveler’s input error. Services are requested on a personal basis. Account information (username and password) are personal and must not be given to third parties.
Users are reminded that their purchase will be effective as soon as their payment method is validated and confirmed. Once payment has been made, a purchase confirmation email will be sent by Bags Parking to the Traveler in order to confirm payment and the requested Booking. This email will be sent to the email address provided in the Profile of the Traveler concerned.
The transaction is stored on computerised registers kept on Bag Parking’s and its partners’ IT systems under reasonable security conditions and will be considered proof of communication, orders, confirmations and payments between the Traveler and Bags Parking. This information will be valid unless the Traveler provides written proof to the contrary.
A Booking summary will also be sent by Bags Parking to the Traveler and to the Bags Manager, and includes the following information: date and time of Luggage drop-off, chosen package, number of pieces of Luggage, location of premises, the Bags Parking’s details, the price of the service and the total price including taxes. This summary must be presented by the Traveler to the Bags Manager both at the time of Luggage drop-off and at the time of pick-up. This detailed summary also includes Bag Parking’s recommendations for the Traveler and for the Bags Manager.
Once payment and the Booking have been confirmed, the Traveler and the Bags Manager will be able to exchange information on the App internal chat system.
The amounts paid by the Traveler are not refundable in any circumstances, except in cases of cancellation described below or if the right of withdrawal is exercised.
6. STORAGE DOCUMENTS AND OBJECT
When the Traveller left the lagguage or any other object to the Bags Manager, for security reason he must takes a picture of his lagguage and share it with the Bags Manager usign the App chat system.
Subjects of storage may be luggage and/or packages containing merchandise or objects for which there is no legal prohibition. The Traveler assumes any liability with regards to the suitability of storage and compliance with the legal requirements of the objects entrusted to BagsParking for the service.
7. PROHIBITED ITEMS
We are not allowed to store objects prohibited by law or considered hazardous under the national law or whose packaging may be harmful to humans, the environment or to other stored luggage. Bags Parking also doesn’t accept the following items:
- Plants and live or dead animals;
- Degrees e negotiable certificates (bills of lading);
- Money (paper money, coins, credit cards, and traveler’s cheques);
- Other non-negotiable money;
- Material that could be defined as pornographic or indecent;
- Material containing weapons or firearms
- Software containing high-value information;
- Technological material (iPhone, iPad, Tablet, PC, smartphones)
- Political material;
- Cigarettes, tobacco and tobacco products,
- Liquids, wines and spirits,
- Chemical, toxic or dangerous products,
- Mouldy, polluted or contaminated items,
- Weapons, ammunition, explosives, combustibles and fireworks,
- Radioactive or dangerous materials,
- Combustible liquids (e.g. LPG, home heating oil, heavy oil and similar products),
- Combustible gases (such as acetylene, methane, butane and propane, hydrogen, etc.),
- Drugs or psychotropic substances;
- Works of art;
- Jewellery, precious gems, natural pearls;
- Metal (gold and silver in any form) and precious stones;
- Bulk goods;
- ID card, passport, driving licence, property deeds, and other official documents
- Documents, public or private offers of investments, revenue stamps, food stamps and fuel vouchers, etc.
Is up to the Bags Manager to check the traveler’s luggage under it’s own control
9. LIABILITY LIMITS
The Bags Manager is exempted from any claim concerning the valuables eventually included in the Bags. Furthermore, the Bags Manager is under no circumstances responsible for any shipping expenses of the Bags.
Each Bags is covered vith a BAGS PARKING Guarantee for a value of Euro 500,00.
9.1 Bags Parking guarantees to pay an amount in compensation for loss of damage to your property, subject to the limitations, exclusions and conditions contained in this clause 9. You should carefully read all of this clause before participating in a booking to ensure that you do not do anything which will invalidate the Guarantee.
9.2 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 the Bags Parking’s decision on such matters will be final and binding. You further acknowledge and agree that:
9.2.1 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;
9.2.2 The Guarantee is intended to promote use of our services by encouraging users to formalise 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.
9.3 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 the Bags Parking’s reasonable opinion, you are not fully compliant with each requirement in this clause, or if you cease to be so 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 these conditions, you should inform us and the Guarantee will not apply to you:
9.3.1 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 seeker or provider (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) if you are the Bags Manager, be a policyholder for a valid contents insurance policy covering the Storage Address and Storage Space against accidental damage and theft.
9.3.2 You must be either (a) in the case of Bags Manager, the owner or mortgagee or contracting tenant of the storage space address, or (b) in the case of Traveler, the owner of all the goods in respect of which the Guarantee is to be invoked
9.3.3 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 or criminal damage or illegal activity of any nature is suspected or alleged, by contacting the police and, following the outcome of any criminal investigation, making any claim for compensation to any insurer or other body (including without limitation government bodies or schemes) which is or becomes available following 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.
9.3.4 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.
9.3.5 You must not make any claims under this clause:
(a) for a second time after the original claim was rejected by Bags Parking; or
(b) after 1 week from the date when the loss or damage occurred.
9.3.6 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.
9.3.7 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.
9.3.8 You must cooperate fully with all investigations and requests made by Bags Parking in carrying out its investigations and obligations under this clause.
9.4 Financial limits of the Guarantee. Subject to the limitations, exclusions and conditions contained in this clause 7, 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 shall not be relevant to their valuation.
9.5 Process of invoking the Guarantee. Failure to comply with the deadlines in this clause will invalidate the Guarantee. You must notify Bags Parking using 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 supplie to us the same picture of the lagguage already shared with the Bags Manager on the chat system when you have left the lagguage to him. Where criminal damage, theft or other criminal or illegal activity is suspected, you must have notified the police within 48 hours of discovery and 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:
9.5.1 “Claim Invalid”, meaning that your claim is not covered by the Guarantee for the reason(s) stated;
9.5.2 “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;
9.5.3 “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 9.6.
9.6 If our response to the process described in clause 9.5 is that you have an Eligible Claim, you must submit a full claim within 10 days of that response. A full claim must include:
9.6.1 A statement signed by you confirming that the information in the claim is true to the best of your knowledge and belief;
9.6.2 A complete description of the loss or damage suffered, including dates (which may be estimated where exact dates are impossible to confirm), nature and cause thereof, and including proof of ownership, date of acquisition, physical condition and supporting evidence such as receipts, inventories, quotes for repair work etc., plus the claimed value of any high-value items lost or damaged;
9.6.3 If you are a Bags Manager, evidence of your ownership or tenant status with regard to the premises;
9.6.4 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;
9.6.5 A declaration as to whether any insurance policy or security deposit or other potential avenue of recovery applies. If an existing insurance policy or other mechanism exists but does not apply, the reasons must be given. If they do apply, evidence must be supplied that the process of claiming has been initiated and the claim to Bags Parking may then be put on hold until such process is concluded.
9.7 Upon receipt of a full claim, Bags Parking will evaluate it before making a decision as to whether to make a payment under the Guarantee. Except in exceptional circumstances or those beyond its control, Bags Parking will make a decision 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:
9.9.1 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;
9.9.2 Require the parties to the booking to participate fully in independent mediation, and you hereby agree to do this in the event that a full claim is made under any booking with respect to which you are a party to the booking.
9.9.3 Obtain a valuation of any item or items claimed for from an independent expert;
9.9.4 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.
9.9.5 Require you to obtain up to three quotes for repair work;
9.9.6 Make requests for further information from the other party, insurance companies, the police or other authority (including local authorities), or other relevant parties (such as neighbours 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;
9.9.7 Conduct interview(s), either ourselves or via a representative, with either party or with any relevant third party, and you hereby agree to use your best efforts to facilitate such activity;
9.9.8 Inspect (either ourselves or using an expert to carry out the inspection on our behalf) any damaged items; and/or
9.9.9 Pay a sum under the Guarantee, or refuse to do so, giving reasons for the decision.
9.8 Exclusions. The Guarantee does not cover or apply to:
9.8.1 Any booking with respect to which Bags Parking has not received a list of items signed by party requesting such a claim in which all items are individually listed along with their estimated value;
9.8.2 Any loss or damage not reported in accordance with clause 9.5;
9.8.3 Any loss or damage in excess of any limit set out in clause 9.4 arising out of one or more bookings entered into by the claimant;
9.8.4 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 organising a storage space at any time during the period for which the booking is valid;
9.8.5 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 the 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, or items made of cloth packed in an unsealed Bags, 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;
9.8.6 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 the way of example, but not limited to, failing to repair faults in the structure or fittings at the premises or failing to fit smoke alarms at the premises;
9.8.7 Damage to stored items or to the premises by a third party (including without limitation outside contractors engaged by either party, other Traveler who are party to another booking with the Bags Managr, or other adults or children residing at or visiting the storage address);
9.8.8 Single items valued at less than Euro 25,00 (although such items may constitute part of a collective claim for lower-value items);
9.8.9 Currency, money, precious metal in bullion form, notes or securities; jewellery; works of art or antiques valued at or above Euro 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 qualification;
9.8.10 Theft of or damage to any item in respect of which the Traveler cannot provide at least one of the following to the Company’s reasonable satisfaction: (a) proof of purchase of that item; (b) a photograph/email/video actually sent or received of the item and dated on or before the date of the booking; or (c) any other evidence which demonstrates proof of ownership and/or value;
9.8.11 Theft or malicious or criminal damage to items (a) which is not reported to the police within 48 hours of an innocent party becoming aware of it, and in any event within 7 days of the end of the booking period, or (b) where efforts to recover the value thereof (whether via criminal compensation schemes or from existing insurance policies) have been unsuccessful;
9.8.12 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 Traveler 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);
9.8.13 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;
9.8.14 Damage caused by or attributable to ordinary wear and tear;
9.8.15 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 outwith the Guarantee scheme;
9.8.16 Any loss or damage caused directly or indirectly by an event of Force Majeure. These include without limitation earthquake, storm, adverse weather conditions or natural physical disasters, power failures, epidemics, labour disputes, riot or civil disorder, war, acts of terrorism, or acts of God;
9.8.17 Any loss or damage suffered as a result of the theft or misuse of personal data or identity;
9.8.18 Non-payment of any part of the Price or any other monies owed by the Traveler to Bags Parking.
9.8.19 Indirect losses of any kind, including without limitation loss of profit, goodwill, or business.
9.9 Modifications and Cancellation of the Guarantee. Bags Parking reserves the right to modify or cancel the Guarantee at any time and at its discretion.
9.9.1 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 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.
9.9.2 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.
10. COLLECTION, STORAGE, AND RETURN
Once collected by the Bags Manager, the luggage is stored at a cost per day proposed on App and is hand-delivered exclusively to the person who has left the lagguage and only to other people who can show the same picture shared with the Bags Manager on the App chat system at the time of collection. Any luggage shipping costs will be borne by the Traveler.
11. REFUND POLICY
There is no refund in case of traveler cancellation
12. ONLINE ACCEPTANCE OF CONDITIONS OF USE
13. APPLICABLE LAW AND COMPETENT JURISDICTION
These Terms and Conditions are governed by Italian law. Any dispute not resolved amicably within 60 days between Bags Parking and a User of the App may be taken to the relevant court within the jurisdiction of the Court of Milan.