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Standard Terms and Conditions and Privacy Policy



  1. Introduction
    1. This page (together with the other terms and conditions referred to in it) tells you the terms and conditions on which we supply the service of bag delivery (also see definition of “Services” below) listed on our website www.bagportr.co.za (our site) to you.
    2. Please read these terms and conditions carefully before requesting Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
    3. You should print a copy of these terms and conditions for future reference.
    4. Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order the Services from our site.
    5. If you do not accept these terms and conditions, please do not use our Services and, if you have a Booking that has been made on your behalf, please exercise your right to cancel your Booking.
  2. Information about us
    1. BagPortr operates this website ("our site") and provide the Services. We are BagPortr (Pty) Ltd, a company registered in South Africa 2018/446338/07 and our registered office at 47 Clarke Avenue, ST Andrews, 2007 and PO Box 16463, Dowerglen, 1612.
    2. We may be contacted by email at info@bagportr.co.za or admin@bagportr.co.za
  3. Interpretation Definitions
    In this Terms and Conditions the following terms shall have the following meanings:
    1. "Airport Delivery Address" means the delivery address notified to us by the Customer for delivery of the Bag to the airport.
    2. "Bag/s" means any piece of luggage owned by (or otherwise under the care of) a Passenger, which bag is transported by us subject to these terms and conditions.
    3. "Bags Ineligible for Service" means Bags (including but not limited to musical instruments and sports equipment) which are subject to a charge imposed by the airline based on the nature of the item, including but not limited to valuable items subject to a special declaration charge, excess, overweight and oversize items, and any items containing goods which are prohibited or restricted by the relevant Partner Airline or by customs or transport authorities (including firearms, ammunition, flammable or explosive items and other items as listed on the relevant Partner Airlines’ dangerous goods list, as available from their website.
    4. "Booking" means a Customer’s request for Services and who accepted the terms and conditions of use.
    5. "Collection Time" means the time schedule elected by the Customer for Us to collect the Passenger’s Bag/s.
    6. "Commencement Date" the date upon which the Customer accepted these terms and conditions and on despatch of an e-mail confirmation of the Booking to the Customer’s notified email address.
    7. "Confidential Information " information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information.
    8. "Coverage Area" means the 60 km radius from the airport that we service. Please see BagPortr.co.za for details.
    9. "Customer": the Passenger and/or his agent acting on his/her behalf or any person who makes a Booking in order to make use of the Services.
    10. "Delivery Address" means the Airport Delivery Address and/or the Domestic Delivery Address.
    11. "Domestic Delivery Address" means the delivery address in South Africa notified to us and validated by us as willing to accept delivery of the Bag on these terms and conditions.
    12. "Excluded Items" means electronic devices, precious stones, precious metals, watches, jewellery, glass, furs, china, art, antiques, prescription drugs, fragile and perishable goods, money, vouchers, travellers cheques, bearer bonds, bills of exchange, promissory notes, stamps, photographs, documents of title to property, bank, credit, pre-pay or other store cards with a cash equivalent value, spirits, tobacco and cigarettes and any other goods which the airline carrier may at its sole discretion deem to be valuable.
    13. "Intellectual Property Rights" means patents, registered designs, trademarks, utility models (whether registered or unregistered), applications for any of the foregoing and the right to apply therefore in any part of the world; copyrights, design rights, data based rights, topography rights, know-how; all other similar equivalent rights arising or subsisting in any country of the world in relation to the Website or any part of it.
    14. "Parties" : the Customer and Us.
    15. "Passenger" means the person with a valid airline ticket and who are travelling on the Customer’s nominated airline carrier with the Bag to be checked in.
    16. "Passenger Collection Address" means the collection location confirmed by the Customer at the time of Booking for the collection of the Bags for delivery to the Airport Delivery Address.
    17. "Passenger’s Data" : the data inputted by the Customer for the purpose of using the Services.
    18. "Partner Airline" means airlines that we have an agreement with to make use of the Service.
    19. "Prohibited Items" means any items prohibited for air transportation by any regulatory or governmental body including the Civil Aviation Authority and South African Customs including, for the avoidance of doubt, any items which are of a potentially dangerous nature, items the possession of which is illegal in South Africa, livestock, foodstuffs and perishable items.
    20. "Personal Information" : as defined in Section 1 of the POPI Act.
    21. "POPI Act" : the Protection of Personal Information Act 4 of 2013.
    22. "Service/s" means accepting a Bag on behalf of the relevant Partner Airline and/or Passenger and delivering the Bag to the checked inn counter of the relevant airline or notified designated area, in accordance with these terms and conditions including Schedule A (Bag Check-In terms and conditions).
    23. "Repatriate / Repatriation" means in the event of whatsoever reason the Bags, after it have been collected by Us, needs to be returned to the Passenger Collection Address or be stored, We shall charge the Customer an amount equal or higher than the standard fee per Bag in order to repatriate (return/store) the Bag/s.
    24. "Scheduled Time" means the scheduled time for the delivery of the Bag by us to the Delivery Address.
    25. "Terms" means these Standard Terms and Conditions incorporating the additional terms and conditions set out in the Schedules including in respect of the Service and
    26. "We", "we", "Our", "our", "Us" and "us" means BagPortr Pty (Ltd).
  4. Becoming a registered user
    1. If you choose to become a registered user, you will provide a valid email address and contact number.
    2. You also acknowledge that this account is personal to the Passenger and agree not to provide any other person with access to this web portal or portions of it using your / the Passenger’s password or other security information, unless authorised and/or with permission from the Passenger. You agree to notify us immediately of any unauthorized access to or use of your / the Passenger’s password or any other breach of security.
    3. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have breached any provision of these Terms and/or there may be a security risk.
  5. How the contract is formed between you and us
    1. If you contact us and provide us with all relevant information, we shall forward you a quotation in respect of the Services we able to render.
    2. Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by Us to You are for informational purposes only and are subject to change without notice; no quotation shall be binding upon Us unless We have accepted your order as stated below.
    3. On acceptance of the quotation, receipt of full payment and after placing an order, you will receive an e-mail from us acknowledging that we have received your Booking.
    4. Please note that this does not mean that your Booking has been accepted. Your Booking constitutes an offer to us to acquire the Services from us. All Bookings are subject to availability, receipt of full payment and acceptance by us .
    5. We reserve the right to decline to accept any Booking, without providing any reasons. In the event we do not accept your Booking, we will send you an email notice to that effect.
    6. We will confirm such acceptance to you by sending you an e-mail that confirms that the Booking for the Services has been accepted and that the procedure to render the Service has been started (the Booking Confirmation). All details of the Services to be rendered shall be stipulated in the Booking Confirmation. The contract between us (Contract) will only be formed when we send you the Booking Confirmation.
    7. The Contract will relate only to those Services we have confirmed in the Booking Confirmation. We will not be obliged to supply any other Services, which may have been part of your Booking until the confirmation of such Services has been confirmed in a separate Booking Confirmation.
    8. Additional service specific notices, terms, and conditions may apply to the provision of Services, all of which are made a part of these terms and conditions by this reference.
    9. You agree to abide by all such other notices, terms, and conditions. If there is a conflict between these terms and conditions and the Service specific terms and conditions, the latter terms shall control with respect to the Services acquired by you.
    10. Our obligations, if any, with respect to its Services are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on the website should be construed to alter such terms, conditions, notices, and agreements. We make no warrant or representation whatsoever regarding any other website that you may access through this website.
  6. Your status
    1. By placing an order through our site, you warrant that:
      1. You are legally capable of entering into binding contracts; [and]
      2. You are at least 18 years old;
    2. You must provide us with valid contact telephone number and email details in order to ensure that contact is possible at any time for updates, amendments or alterations to your Booking. It is your responsibility to ensure that all contact details provided are correct.
  7. Your right to cancel
    1. All Bookings can be amended free of charge up to 6 (six) hours before the scheduled Collection Time (subject to relevant additional charges for Service changes, which will be communicated to you prior any amendments).
    2. A Booking for the Service from the Coverage Area to the Airport Delivery Address must be cancelled no later than 4 (four) hours before the scheduled Collection Time on our site in order to be eligible for a refund after the deduction of any administration costs. A Booking will only be regarded as validly cancelled, if you receive a confirmation of cancellation from us.
    3. You will not have any right to cancel a Booking for the supply of any of the Services if your items have been despatched from your premises or if the cancellation was requested less than 2 (two) hours before Collection Time.
    4. We will endeavour not to cancel or change your Booking once it has been accepted. However, from time to time it may be necessary and we reserve the right to do so.
    5. Booking cancellations must be made via the website Portal account or directly through the Our Passenger Services Team, with contact number being +27 (0)11 453 1114.
    6. Last minute email requests for cancellation may not be upheld due to service centre response times.
    7. A Booking cancellation is only confirmed and complete when the Passenger receives a cancellation confirmation email from Us.
    8. Cancellations must be made 4 (four) hours or more before the booked Collection Time to be eligible for a refund. Bookings cancelled after Bags have been collected or less than 2 (two) hours before Collection Time are not eligible for a refund. Additional costs may apply to Repatriate Bags.
    9. In the event of cancellation in accordance with the above-stipulated procedure, you or the Partner Airline (whoever made the payment for the Services) will receive a refund of the price you have paid for the Booking, minus any administration fees to be charge in order to process the refund, which presently amounts to R100.00 (one hundred rand). We will process the refund as soon as possible and endeavour to attend thereto within fourteen working (14) days of the day on which you gave us notice of cancellation.
  8. Our right to cancel
    1. We reserve the right to cancel your Booking if the Collection or Delivery Address provided at the time of Booking is not an existing collection / delivery address validated by us and we are unable to validate the address as an Address following your Booking.
    2. If we are unable to validate the address provided as a Domestic Delivery Address, we will notify you by email or sms as soon as possible and provide you with the opportunity to provide us with an alternative Collection / Delivery Address.
    3. We also reserve the right to cancel your Booking in the event the transport of the Bag/s may pose a risk or danger to Us or may be in contravention of any law, regulations and/or conditions stipulated by the airline (See Fair Usage Policy below, clause 18).
  9. Our status
    1. Please note that in some cases, we accept orders from the Customer’s appointed agent ( e.g. order from Partner Airlines) . Therefor a further contract may have been established between you and the appointed agent. We advise you to carefully also review their terms and conditions applying to the transaction.
    2. We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products and/or services you purchase from third parties through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party.
  10. Reliance On Information Furnished.
    1. You acknowledge that it is required to review all documents and declarations prepared and/or filed with customs service, other government agency and/or third parties, and will immediately advise Us of any errors, discrepancies, incorrect statements, or omissions on any declaration filed on Your behalf;
    2. In preparing and submitting customs entries, export declarations, applications, documentation and/or export data to the relevant country and/or a third party, We rely on the correctness of all documentation, whether in written or electronic format, and all information and declarations furnished by You; You shall use reasonable care to insure the correctness of all such information and shall indemnify and hold Us harmless from any and all claims asserted and/or liability or losses suffered by reason of the your failure to disclose information or any incorrect or false statement by yourself upon which We reasonably relied.
  11. Price and payment
    1. The price of any Services will be as quoted on our site from time to time, except in cases of obvious error.
    2. These prices exclude VAT. As stipulated above, we are not registered for VAT for time being.
    3. Prices may change at any time, however changes will not affect orders in respect of which we have already sent you a Booking Confirmation.
    4. We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you a Booking Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
    5. All charges must be paid by You or the Partner Airline in advance. Kindly take note, in the event the Partner Airline only covers for one (1) Bag and you want to make use of he Service for more Bags, You shall be liable for payment for any additional fees / the Bags. Furthermore You shall be liable for any Bag/s in excess of the minimum weight per Bag.
    6. Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into Our bank account, the details of which will be provided on request.
    7. Credit card transactions will be acquired for BagPortr Pty (Ltd) via FNB eCommerce platform who is the approved payment gateway in South Africa. FNB eCommerce uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.fnb.co.za to view their security certificate and security policy.
    8. If applicable and if active, redemption of loyalty rewards and referral credits can only be made against a booking and shall have no cash value and cannot be transferred.
    9. You remain responsible for understanding your Bag/s allowance and acknowledge that We will pass on any airline carrier charges in respect of:
      1. any Bag that exceeds your personal baggage allowance;
      2. any Bag that is overweight;
      3. any Bag that is oversized; or
      4. Bag/s that is more then the minimum covered by the Partner Airline.

      In the event that we pay on your behalf any charge due to the relevant airline carrier in respect of any Bag, you agree that such additional amount also be deducted from your method of payment and/or to reimburse this payment to us without delay.
  12. Customer details separate from card details
    1. Customer and/or Passenger details will be stored by BagPortr Pty (Ltd) separately from card details, which are entered by the client on FNB’s secure site. For more detail on FNB eCommerce refer to www.fnb.co.za.
  13. Privacy policy
    1. We shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Protection of Personal Information Act 4 of 2013 (the Act).
    2. We may collect and process the following data about you:
      1. Information you give us. You may give us information about you by filling in form or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our Services, use our login facility ("Portal") and when you report a problem with our site or Portal. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.
      2. Information we collect about you. With regard to each of your visits to our site or Portal we may automatically collect the following information:
        1. technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
        2. information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); services/products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
        3. Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide or where you have authorised us to collect information from selected third parties. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on our site or the Portal. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
    3. Reference to "consent", "your consent" or "your explicit / informed consent" shall include the clicking of "application" or "submit" button or "I agree" button on our Portal, or your use of the Portal (our Services).
    4. We use information held about you in the following ways:
      1. Information you give to us. We will use this information to:
        1. carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, Products and Services that you request from us;
        2. provide you with information about other Services we offer that are similar to those that you have already acquired or enquired about;
        3. provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those, which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, kindly inform us in writing;
        4. notify you about changes to our Services;
        5. endeavour that content from our site or the Portal is presented in the most effective manner for you and for your computer;
        6. deal with enquiries and complaints made by or about you relating to our site.
      2. Information we collect about you. We will use this information:
        1. to administer our site, Portal and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
        2. to improve our site or Portal to ensure that content is presented in the most effective manner for you and for your computer;
        3. to allow you to participate in interactive features of our service, when you choose to do so;
        4. as part of our efforts to keep our site safe and secure;
        5. to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
        6. to make suggestions and recommendations to you and other users of our site (including the Portal) about services that may interest you or them.
      3. Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
      4. Submission of Personal Information on behalf of another: Kindly take note that if you provide information on behalf of someone else, then it is your responsibility to obtain the necessary consent from such person before making the information available to us. On receipt of personal information we assume that the necessary consent has been obtained and will process the Personal Information as per your instructions.
    5. We may share your information with selected third parties including:
      1. Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
      2. Service Providers that provide information processing services to us. In those circumstances those third parties shall be required to enter into a non-disclosure agreement on no less stringent terms than found in this privacy policy and to process and protect your personal information in accordance with our instructions. Occasionally the third party service providers may be outside the borders of South Africa and will we transfer your personal information to them for the necessary processing services;
      3. Airline Partners who make use of the Service on your behalf;
      4. Any South African Authorities in respect of the contents of your Bag;
      5. Analytics and search engine providers that assist us in the improvement and optimisation of our site.
    6. We may disclose your personal information to third parties:
      1. In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
      2. If we or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets.
      3. If we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our terms of use applicable to any particular site of ours or terms and conditions of supply of our services to you and other agreements; or to protect our rights, property, or safety, or the rights, property or safety of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
    7. The data that we collect from you may be transferred to, and stored at, a destination outside the Republic of South Africa ("RSA"). It may also be processed by staff operating outside the RSA who work for us or for one of our suppliers/service providers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
    8. All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password, which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
    9. Records of personal information will not be retained for longer that is necessary for operational or archiving purposes for which the information was collected, unless retention of record is required or authorised by law . Records of personal information may be retained for periods in excess of those contemplated for historical, statistical or research purposes, subject to us establishing appropriate safeguards against the records being used for any other purpose and or we have de-identified the record(s).
    10. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
    11. Access to information: You have a right to see/access your personal information that we keep about you. You may instruct us to provide you with any personal information we hold about you upon receipt of a written request and payment of a fee as per the Promotion of Access to Information Act 2 of 2000 ( click here to access: https://www.gov.za/documents/promotion-access-information-act ).
  14. Merchant Outlet country and transaction currency
    1. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
  15. Our responsibilities
    1. We shall ensure that the Services are provided with reasonable skill and care including using reasonable endeavours to deliver your Bag to the Delivery Address by the Scheduled Time.
    2. Subject to paragraph 8 (Events outside our control) if we fail to deliver the Bag to the Delivery Address by the Scheduled Time due to circumstances within our control and your bag consequently misses your flight, we will ensure that the Bag is sent on to your final ticketed destination.
    3. We will only accept and deliver the Bag from the person we reasonably believe to be the Passenger.
  16. Your responsibilities
    1. If we are collecting your Bag/s then you must provide photographic ID to the agent at collection together with your airline reference and proof of check inn.
    2. If you are collecting your luggage from us at an airport terminal location, then you must provide photographic ID to the agent at collection together with your airline ticket.
    3. Ensure that you familiarise yourself fully with the baggage requirements and restrictions of the airline carrier you flying with.
    4. You warrant that:
      1. you have authority to deal with the Bag and its contents; and
      2. the Bag contains no Prohibited Items (as defined).
    5. You agree to be present at the agreed times as set out in your Booking and if you fail to do so the procedures set out in Schedule B shall apply.
  17. Security arrangements
    1. As part of our security procedures, your Bag may be screened.
    2. The airline and/or airport authorities will screen your Bag.
    3. Your Bag will not be opened and/or searched by our personnel without your consent save where we are required to do so by South African Customs ("Customs"), South African Police Services ("SAPS") or the Civil Aviation Authority, or any other regulatory or governmental authority or the airport operator.
  18. Fair usage policy
    1. We reserve the right to reject or subsequently cancel Bookings where we believe there to be mis-use of our Services by you or a third party for commercial gain or unlawful conduct.
  19. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ( Force Majeure Event).
    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      1. Strikes, lock-outs or other industrial action.
      2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
      3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
      4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
      5. Impossibility of the use of public or private telecommunications networks.
      6. The acts, decrees, legislation, regulations or restrictions of any government or government agency.
      7. failure to provide accurate information at the time of Booking and provide relevant documentation and photographic ID at the time of collection and/or delivery;
      8. failure to meet airport security requirements;
      9. failure to attend the collection or delivery of your Bag at the agreed times as specified in your Booking.
      10. national or local disruption in ground or air network;
      11. the actions of Customs, SAPS, the Civil Aviation Authority, any other regulatory or governmental authority or the airport operator;
      12. failure to ensure the bag is within the weight allowance as per the airline booking;
      13. failure to ensure the number of bags to be checked in is within the allowance as per the airline booking; and
      14. failure to directly advise us of any last minute amendments to your airline booking, including changes to flight, cancellation of flight and amendments to luggage allowances.
    3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
    4. We shall not be liable for any damage to any Bag or its contents arising from any event outside our control or action by any third party including but not limited to the actions of Customs, SAPS or the Civil Aviation Authority or the airline.
  20. Data privacy
    1. By accepting these Terms, you are also agreeing that we may process information relating to you in accordance with, and otherwise accepting the terms of, our privacy policy, which can be found herein, stipulated above.
    2. Our privacy policy sets out details of how we use the personal information you provide to us or we otherwise obtain about you.
    3. If you make a Booking on behalf of any other person you must draw their attention to our privacy policy and ensure that they also agree that we may process information relating to them in accordance with it and otherwise accept its terms.
  21. Our liability
    1. It is the Passengers' responsibility to ensure that all Bags are insured to the value of the contents of the Bags. We do not insure any Bags independently, as we do not have access to details of their contents and value.
    2. Subject to the following provisions of this paragraph, except in respect of death or personal injury caused by our negligence, or that of our agents, our liability to the Passenger for loss and/or damage caused by our negligence or breach of contract or otherwise which arises out of or in connection with the provision of or failure to provide the Services or their use by the Passenger shall be limited as follows:
      1. we shall have no liability for loss of or damage to Excluded Items or Prohibited Items;
      2. in the case of lost, delayed for more than 72 hours or damaged Bags (including missing contents), we will make payment in accordance with our compensation policy, but our liability shall not in any event exceed ZAR5'000 per bag;
      3. in relation to the Services generally (other than for lost, delayed or damaged Bags (including missing contents)), due to Our negligence, Our liability shall not exceed ZAR1'500 in aggregate per Booking.
    3. Subject to the above clause, in cases where the delivery of Bags is delayed by more than 24 hours, we will re-imburse the Passenger the reasonable cost of essential toiletries and essential clothing for every night they are left without access to their Bags for up to a maximum of 2 nights.
    4. We shall not be liable to the Passenger, for negligence, breach of contract or otherwise, for any indirect, special or consequential loss, nor for any losses arising from business interruption, wasted management time, loss of goodwill or loss of data, whether or not arising in the normal course of business.
    5. We shall not be liable to the Passenger or deemed to be in breach of the Terms by reason of any delay in performing or any failure to perform any of our obligations under the Terms if the delay or failure was due to any circumstances beyond our reasonable control.
    6. We shall, in any event, have no liability in respect of any claim for damaged Bags (including missing items),that is not notified to us by the Passenger in writing with sufficient detail as to the nature and amount of the claim within seven (7) days of the circumstances giving rise to the claim. You must then provide documentation supporting your loss within a further fourteen (14) days.
    7. We shall, in any event, have no liability in respect of any claim for lost or delayed Bags that is not notified to us by the Passenger in writing with sufficient detail as to the nature and amount of the claim within twenty-one (21) days of the circumstances giving rise to the claim. You must then provide documentation supporting your loss within a further fourteen (14) days.
    8. Although we provide Services in co-operation with airlines, the airlines are not responsible for our Services and have no liability, whether under or in connection with this Contract or otherwise, for our negligence, breach of contract or other failure in connection with the Services.
    9. We are not responsible for indirect losses or consequential or special damages which happen as a side effect of the main loss or damage, including but not limited to:
      1. loss of income or revenue
      2. loss of business
      3. loss of profits or contracts
      4. loss of anticipated savings
      5. loss of data, or
      6. waste of management or office time

      however arising and whether caused by delict (including negligence), breach of contract or otherwise.
    10. The Passenger acknowledges that the limitations of liability as set out in this paragraph are fair and reasonable in the circumstances and have been taken into account and reflected in the level of the prices charged.
  22. Waiver
    1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
    3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clauses herein.
  23. Risk and title
    1. Your items / bags that are subject to the Services will always be at your risk.
    2. We do have limited insurance cover, however we encourage you to make sure that your items are sufficiently insured.
  24. Written communications
    1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or sms or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
  25. General
    1. These Terms form the contract between us and the Passenger for the provision of the Services.
    2. Each party acknowledges that it is not relying on any statements, warranties or representations given or made by the other whether actual or implied other than expressly incorporated into the Contract in writing.
    3. No addition to, variation of, exclusion or attempted exclusion of any term of the Terms shall be binding on us unless in writing and signed / replied to and acknowledge to agree thereto by a duly authorised representative of us.
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. We shall be entitled to exercise a lien over any property belonging to the Passenger (including retaining possession of any Bag) in our possession pending payment of any charges due to us.
    6. You acknowledge that (other than in respect of information provided by you) the Intellectual Property Rights in and to our website and any rights to information, documentation, data, images and other material of whatsoever nature displayed on the website are our absolute property and/or the property of third parties contracting with us and you shall assert no right, title or interest in or to any such matter.
    7. This Website is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from the Website. You may only download to your personal computer for viewing purposes and print out a number of pages of this Website for your personal use. We reserve full copyright to the website and its content.
    8. Termination of this contract shall be without prejudice to any rights and/or obligations of us and/or the Passenger accruing prior to the date of such termination.
    9. A person who is not party to the contract shall not have any rights under or in connection with it.
    10. We reserve the right to subcontract any of the Services or some of the Services to a third party or agent.
    11. Any notice required or permitted to be given by either party to the other under these Terms, shall be in writing and may be given personally or sent by email or sms. Any notice served by email or sms shall be deemed delivered immediately. In proving the service of any notice, it will be sufficient in the case of a registered post letter to provide proof of delivery.
    12. We reserve the right to amend these Terms. These Terms may be amended by us at any time by posting the amended terms on the Website. The amended Terms will be effective upon the effective date indicated in respect of Services agreed after that effective date. We therefore recommend that you monitor the Terms from time to time
    13. We operate promotions from time to time and reserve the right to amend and withdraw any promotions at any time.
    14. You must be over 18 years of age to enter into a Contract with us. If you do not qualify, please do not use our Services.
    15. These Terms shall be governed by and construed in accordance with the laws of South Africa and the parties agree to submit to the exclusive jurisdiction of the courts of South Africa.
SCHEDULE A

Bag Check-In terms and conditions

We provide the Service subject to the Standard Terms and Conditions and the following additional terms and conditions (together the "Terms"):

  1. Availability
    1. The Service is available on eligible flights with Partner Airlines departing from OR Tambo International.
    2. The Service is only available in conjunction with our standard Service. It is not available in respect of Bags Ineligible for the Service.
    3. The Service is currently only available to Passengers wishing to have their Bags picked up from a Passenger Collection Address within the Coverage area. Please see www.bagportr.co.za for details of the postcodes / areas that we cover.
  2. Booking
    1. The Service must be booked for or by the person in whose name the flight booking with the Partner Airline is made, namely the Passenger.
    2. If several persons are travelling under one flight booking, all names of Passengers must be provided to us at the time of Booking.
    3. If this information is not provided at the required time, we cannot be responsible for any failure to provide the Service.
  3. Collection and Bag Acceptance
    1. All participating passengers must be checked in online (or mobile device) with the airline prior to Bag acceptance.
    2. All participating Passengers must be present during Bag collection with their valid boarding pass available for presentation, proof of check inn and their identification document or passport (or such other identification as may be accepted by the Partner Airline) used during the online check-in process.
      1. In the event the Passengers travel together in one group (on the same airline reference number for the group), only one of the group of Passenger needs to be present with all the other Passengers documents as stipulated above.
    3. If a participating Passenger fails to be in attendance during Bag acceptance, or fails to produce a valid boarding pass, a valid identification document or a valid passport (or such other identification as may have been accepted by the Partner Airline or us), then the Passenger will not be eligible for participation in the Service and as such will be offered the ability to have their Bag/s be Repatriated.
    4. Only Bags within a participating Passengers' allowance with the relevant Partner Airline can be accepted for the Service. Please see below links to details of the relevant Partner Airlines general rules regarding baggage allowance that applies to your ticket:
    5. In addition, certain Partner Airline operates a baggage pooling policy (certain airline allow Passengers to give one Passenger all the Bags and to check inn the Bags under his/her name) which may apply to your Booking.
    6. If your journey includes a flight with another airline, please note that their baggage allowance and policies may differ. It is the passenger’s responsibility to ensure the size and weight of their bags are within their booked allowance. For health and safety reasons we cannot transport bags over 32kg.
  4. Reassigning
    1. If, in relation to a given Bag, we are unable to provide the Service for reasons not within our control (including, without limitation, in respect of Bags Ineligible for the service), or the Passenger opts (after making the Booking) not to take the Service but does not cancel our standard Service in accordance with these Terms, we will provide the standard Service and will not be obliged to make any refund of the Booking fee for that Bag.
    2. If, in relation to a given Bag, we are unable to provide the Service for reasons within our control, we will notify you that this is the case and instead provide the standard Service in that the Bag will be placed on the next available flight.
  5. Arrangements with Partner Airlines
    1. We (not the relevant Partner Airline) provide the Service.
    2. These Terms do not in any way affect the standard terms and conditions of the relevant Partner Airline, which continue to apply to Passengers travelling with that Partner Airline.
    3. We are an independent company.