terms of service
Terms & Conditions (T&Cs) - updated 18th August 2023
Make the most of your day and do what you want by being hands free
Sorry for the read, but legal said some things need to be said
At BagBoyz®, we like to keep matters reasonably simple.
After all, this is not rocket science.
We are picking up your Bags, storing them and then Dropping them Off.
However, there are some points that require clarity.
The following Terms and Conditions apply to your use of this Website and our Services.
Please take some time to read and familiarise yourself with these Terms and Conditions.
If you do not accept these Terms and Conditions, you should not use our Website and/or Services. If the Booking was made on your behalf by a third party, the continuing use of our Services means that you agree to the Terms and Conditions. If the Booking was made on your behalf by a third party and you do not accept these Terms and Conditions, please exercise your right to cancel your Booking.
The Terms and Conditions may be amended by us at any time and the updated version will be dated and listed at https://www.bagboyzbagboyz.com/terms-of-service (this page).
It may be necessary to amend the Terms and Conditions as our business needs change, the law changes or in the event to expand upon any unforeseen circumstances.
Despite future amendments, the Terms & Conditions agreed upon by the Client at the time of agreeing to our Terms and Conditions will stand, but only in relation to that specific Transaction and Service, with the exception of the effect of any retrospective law.
At no time, will any Term or Condition restrict the rights of the Client as stated in Commonwealth of Australia Law, Victoria Law or any Local Laws. They will also not impose any further obligation to the Client that is outside the law.
We operate as BagBoyz® and our postal address is PO Box 89, Highpoint City, Vic, 3032. We can be contacted by post or at firstname.lastname@example.org.
- Amendments to your booking
- Price & payment
- Our care to you
- Your responsibilities
- Bag screening
- Events out of our control
- Data Privacy
- Our liability
- Your right to cancel & amend
- Our right to cancel
- Interpretation & glossary
Bookings are only final once payment has been made via our Booking Form. You can use PayPal or Stripe. You will receive an email or SMS notification from us once the payment has been made confirming your Booking.
2. Amendments to your booking
You MAY be able to amend your Booking.
It is advised to provide as much notice as possible.
Ideally, notify us as soon as you become aware that the Booking needs to be amended.
We want to work with you.
There may be additional charges; however, these will be discussed when the Booking is being amended.
It is our aim to not change or cancel your Booking once it has been accepted.
Sometimes there may be instances where the circumstances are beyond our control eg. An act of Terror.
If it is necessary for us to change or cancel your Booking, we reserve the right to do so.
The onus is on you to provide the correct details for us to contact you. This includes the email address and the contact telephone number.
The majority of our services involve no contact with the Client until we are physically Dropping Off the Bags; however, on rare occasions, if we need to speak to you, we would like to do so.
3. Price & payment
Our prices are listed on our Pricing page.
Confirmed Bookings will be at the nominated price at the time of the Booking.
Our prices are subject to change; however, this will not affect the price you paid at the time of the Booking.
Payment is required in advance and at the time of the Booking. Payments can be made by credit card, debit card or through your PayPal account.
The prices listed on the Pricing page include the merchant fee charged by Australian Financial Institutions, Stripe or PayPal.
In the event we are charged any additional merchant fees ie. from a Non-Australian Financial Institution, the additional fee MAY be charged. We do not carry change.
A Bag is one item of any size, provided that we can lift it and it fits in our vans.
In order to minimise the number of Bags, you may put Bags inside Bags; however loose Bags, Bags that are not contained inside another Bag, will be classed as a Bag.
4. Our care to you
We will provide reasonable care when handling your Bags and delivering your Bags at the nominated Drop Off time.
In the event that we fail to deliver your Bag at the nominated Drop Off time due to circumstances within our control and as a consequence your Bag misses the flight, we will forward your Bag to the final destination at our cost.
This will apply when the Drop Off time has been scheduled as per our suggested Drop Off Times. Eg 3 hours before an International Flight Departure and 90 minutes before a Domestic Departure.
We will only Drop Off the Bag to the person that we reasonably believe to be the Client.
We may verify the Client by way of a password, proof of Booking and/or requesting to sight their identification.
It is recommended that you do not leave drinks, especially opened drinks in your Bags. Your Bag may not always be the right way up.
If you have something fragile in your Bag, we recommend telling us and we will carry and store the Bag separately. Fragile items include but are not limited to laptops, gifts and wine (unopened).
Your Bag is NOT Stored in a temperature-controlled environment. Please note this when you have chocolate in your Bag.
We will always do our best, but you need to tell us if you have a Bag that contains something fragile.
5. Your responsibilities
If at the time of the Drop Off, you are requested to verify your identity, by way of password, Booking confirmation or identification, you will need to provide this before the Bag/s is/are handed over.
You agree to be present at the time of the Drop Off as confirmed in your Booking. If you fail to do so, additional fees MAY apply.
Grace periods may apply; however, they are based on our schedule.
We highly recommend communication and we can be contacted through WhatsApp or mobile on the same number – 0468 882 247 if you are going to be late.
Ideally, you tell us before the Drop Off time and give as much notice as possible.
We suggest using the ETA function of your phone maps when you have hopped into your transport or started walking.
We reserve the right to charge Additional Fees for lateness Additional Fees are calculated at $30 per 15 minutes or part thereof.
Additional Fees must be settled before the Bags are Dropped Off.
We also reserve the right to reschedule your Drop Off, if your delay is going to have an effect on our schedule.
6. Bag screening
7. Events outside of our control
We shall not be liable for any failure to provide the Services arising from any event outside our control or any action by you or any third party including:
failure to provide accurate information at the time of Booking and if requested provide relevant documentation and photographic ID at the time of collection and/or delivery;
failure to meet airport security requirements;
failure to attend the collection or delivery of your Bag at the agreed times as specified in your Booking;
national or local disruption on the ground or air network. This includes the closure of roads;
the actions of Australian Border Force, Victoria Police, Australian Federal Police, ASIO, the operators of Airports or Seaports or any other regulatory or governmental authority;
failure to ensure the Bag is within the weight allowance;
failure to directly advise us of any last-minute amendments to your Booking.
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 the actions of Australian Border Force, Victoria Police, Australian Federal Police, ASIO, Airport or Seaport operators or any other regulatory or governmental authority.
8. Data privacy
9. Our liability
It is the Clients’ responsibility to ensure that all contents of their Bags are known to them, what the monetary value is of the contents and proof of this value.
We provide a general cover to your Bag if we lose the Bag. We do not have access to details of the Bag’s contents and/or value.
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 Client 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 Client shall be limited as follows:
we shall have no liability for loss of or damage to excluded items or prohibited items;
we shall have no liability to Bags that weigh more than what they were designed for;
we shall have no liability to boxes that are poorly constructed and/or secured;
- in the case of a lost Bag we have an insurance policy up to the amount of $250,000.00;
- if at fault, we will assist in the replacement of your belongings.
We shall not be liable to the Client, 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.
We shall not be liable to the Client 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.
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 Client 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.
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 Client 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.
The Client 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.
10. Your right to cancel & amend
Booking cancellations must be made via our Website or telephone number.
Last-minute email requests for cancellation MAY not be upheld due to service centre response times.
Booking cancellations are only confirmed and complete when the Client receives a cancellation confirmation email from BagBoyz®.
Cancellations must be made 2 hours or more before the booked collection time to be eligible for a refund.
Bookings cancelled after Bags have been collected are not eligible for a refund.
Additional costs may apply to repatriate Bags.
In the event of cancellation in accordance with the above paragraph you will receive a full refund of the price you have paid for the Booking. We will process the refund as soon as possible and, in any case, within seven (7) days from the day you let us know of the cancellation.
If you change the number of Bags to store, we generally will refund the cost of storage back to you; however, if we have refused additional work due to your Booking, a refund will not be made.
When changing the number of Bags merchant fees charged to us by Stripe, PayPal or an Australian Financial Institution MAY be withheld from the refunded amount. This is at the sole discretion of BagBoyz®
11. Our right to cancel
We reserve the right to cancel your Booking if the Pick-Up or Drop-Off Address provided at the time of the Booking is not an address validated by us and we are unable to validate with of the Addresses following your Booking.
If we are unable to validate either of the Addreses, we will notify you by email, SMS or telephone call as soon as possible and provide you with the opportunity to provide us with an alternative Address.
We also reserve the right to cancel your Booking if you are being a Dick.
12. Interpretation & glossary
In these Terms, the following expressions shall have the following meanings:
“Address” means the pick-up and/or drop off address notified to us by the Client for services to the Bag;
“Bag” means any piece of luggage, parcels, boxes, child seats & capsules, sporting equipment and/or musical instruments owned by (or otherwise under the care of) a Client transported by us pursuant to these Terms;
“Booking” means a Client’s request for Services as evidenced by our records;
“Client” “You” and “Your” means any person who makes a Booking (whether directly or indirectly);
“Day” means a calendar day, not a 24-hour period;
“Dick” means difficult, unreasonable, a “Karen” or fuckwit;
“Price List” means the price list available on our Website;
“Scheduled Time” means the agreed scheduled time for the delivery of the Bag;
“Services” means our service of Picking Up, Storing or Dropping Off Bags to the Client;
“Terms” means these Standard Terms and Conditions;
“We”, “we”, “Our”, “our”, “Us” and “us” means BagBoyz®.
Wherever the context requires, the singular shall include the plural, the plural the singular and the use of any gender shall include all genders.
These Terms form the agreement between us and the Client for the provision of the Services.
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 agreement in writing.
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 by a duly authorised representative of us.
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.
We shall be entitled to exercise a lien over any property belonging to the Client (including retaining possession of any Bag) in our possession pending payment of any charges due to us.
You acknowledge that (other than in respect of information provided by you) the Intellectual Property Rights in and to the website and any rights to information, documentation, 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.
Termination of this agreement shall be without prejudice to any rights and/or obligations of us and/or the Client accruing prior to the date of such termination.
A person who is not party to the agreement shall not have any rights under or in connection with it.
We reserve the right to subcontract the performance of all or some of the Services to a third party or agent.
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 prepaid registered post to the other party at its registered office or notified residential address. Any notice served by email shall be deemed delivered immediately and by registered post shall be deemed served within the standard delivery times. In proving the service of any notice, it will be sufficient in the case of a registered post letter to provide proof of delivery.
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.
We operate promotions from time to time and reserve the right to amend and withdraw any promotions at any time.
You must be over 18 years of age to enter into an agreement with us. If you do not qualify, please do not use our Services.
Remember – We want to work with you and will provide as much flexibility as possible if your requests are reasonable.
This is our happy place.
We just want to Get Your Bag To You!