GENERAL TERMS AND CONDITIONS OF SALE OF LUGGAGE DELIVERY SERVICES
These general terms and conditions of sale (hereinafter referred to as "GTCS") are concluded between:
On the one hand, BDM SA (hereinafter "BAGAGES DU MONDE", holder and operator of the Bagages du Monde brand and products, Air Transport Animal, HelloPassenger), a company with a capital of 100,000 euros, registered with the RCS of Pontoise under number 439 194 788 and whose head office is located at 9 rue du Noyer, Za du Moulin, 95700 Roissy-en-France,
And on the other hand, any person, individual or company, (hereinafter referred to as the "Customer") making a reservation for baggage delivery service (hereinafter the "Reservation") sold by BAGAGES DU MONDE via the website www.hellopassenger.com.
Pursuant to the GTC, BAGAGES DU MONDE offers a luggage delivery service, (hereinafter the "Service"), through the website www.hellopassenger.com (hereinafter "HelloPassenger website") published by the company BDM SA (hereinafter "BAGAGES DU MONDE").
As such, it is expressly stated that Paris Aéroport allows BAGAGES DU MONDE to sell its Service via its hellopassenger.com website or the Paris Aéroport Application to Customers who have opened a Personal Account on said Site or said Application under the conditions set by the General Conditions of Use of the Paris Aéroport Site or the Paris Aéroport Application. Under these conditions, Paris Aéroport is not the seller of said Service so that there is no sales contract between Paris Aéroport company and the Customer, the contract relating to the sale of the Service being formed only between the Customer and BAGAGES DU MONDE.
The conditions applicable to the service proposed by BAGAGES DU MONDE are set by BAGAGES DU MONDE. Consequently, any operation, order or navigation carried out by the Customer relating to a Service provided by BAGAGES DU MONDE is carried out directly with BAGAGES DU MONDE and under the sole responsibility of BAGAGES DU MONDE. As such, Paris Aéroport's responsibility cannot in any way be sought out and engaged by the Customer.
Any Reservation made by the Customer implies his full and unreserved acceptance of the GTCS. No specific condition, Customer's purchase condition, stipulation printed on his Reservation or correspondence - can, unless formal, prior and written acceptance of BAGAGES DU MONDE, prevail over these GTCS.
1- DEFINITIONS
The purpose of this text is to define the conditions under which BAGAGES DU MONDE's services are provided, in whatever capacity (agent, freight forwarder, forwarder, transporter, warehousekeeper, etc.) for baggage of all kinds, and from all sources, for all destinations. For the purposes of these GTCS, the following terms are defined as follows. Finally, it is clearly established that these GTCS apply to luggage delivery operations; If at the Customer's request, the service should evolve into a deposit transaction, the GTCS applicable to the deposit, in particular the safety rules would apply fully.
In addition to the definitions appearing in the General Conditions of Use of the HelloPassenger website, the following terms, used in these GTCS, have the following meanings:
- "Baggage": by baggage, we mean an object or a material assembly composed of several objects, whatever their weight, dimensions and volume, constituting a unit load given to the transport operator (OT), (cardboard, case, burden container, roll, pallets circled or filmed by the Client ordering party, etc.) conditioned by the sender before taking charge, even if the content is detailed in the delivery document.
- "Bank Card": refers to any card issued by a credit or financial institution member of the GIE Cartes Bancaires and used to make remote payment for the Service.
- "Customer": any natural or legal person who subscribes to the Service from the HelloPassenger website.
- "E-mail or electronic mail": designates a message sent to the electronic address entered by the Customer in his Personal Account.
- "Reservation": designates any order for a Service made by the Customer on the HelloPassenger website, and validated by HelloPassenger. The validation of the order is acquired upon receipt by the Customer of the confirmation email.
- "HelloPassenger website": designates the Internet site accessible at the following URL address: http://www.hellopassenger.com and which groups together the Services offered by BAGAGES DU MONDE.
- "Transport": means the transport of Baggage by transport (OT) and / or logistics operators of The Union of Transport and Logistics Companies of France (TLF), BAGAGES DU MONDE providers to carry out said Baggage transport in application of the TLF general conditions of sale referred to in Annex A governing Baggage transport operations in the event of subscription to the Baggage Transport Service by the Customer.
2 - THE SERVICE
BAGAGES DU MONDE offers the Baggage Delivery Service bookable on the HelloPassenger website.
The geographical scope covered by the Baggage delivery service offered is as follows: Paris-Charles de Gaulle Airport - airport hotel zone - Paris Center (75) - neighboring departments 92-93-94– Versailles - Disney Land Paris - Villepinte Exhibition Center (hereinafter the "Eligible Addresses").
The Service allows the Customer to entrust BAGAGES DU MONDE with the delivery of his Baggage from his home or holiday resort, as soon as this place falls within the scope of the Eligible Addresses, to Paris Charles de Gaulle Airport or from Paris Charles de Gaulle Airport to his domicile or his holiday resort as soon as this place falls within the scope of Eligible Addresses.
For a service on arrival at Paris Charles de Gaulle airport, the Customer can entrust his Baggage (s) to a baggage handler of BAGAGES DU MONDE, either at the reception of Paris Charles de Gaulle Airport , either directly in the Baggage Delivery Room, at a meeting point agreed in advance between BAGAGES DU MONDE and the Customer.
In the latter case, the Customer is required to pass Customs controls in the company of the baggage handler of BAGAGES DU MONDE.
For a service departing from Paris Charles de Gaulle airport, the Customer can collect their Baggage(s) from a baggage handler of BAGAGES DU MONDE, either at the locker of Paris Charles de Gaulle Airport, either in front of the check-in counter at the departure terminal.
In all cases, the Customer will be required to check in his Baggage(s) himself.
Whichever the service chosen, both when signing the transport contract between the Customer and the baggage handler BAGAGES DU MONDE as when taking care of their Baggage(s), the Customer ensures and commits to strict compliance with article 7 of these GTCS relating, among other things, to the list of prohibited articles (clause 7.3). The Customer is informed that an X-ray check as defined in clause 7.1 of these GTCS relating to security is carried out; even outside of his presence for safety reasons, which the Customer declares to expressly and knowingly accept.
3- RESERVATIONS
The Reservation made by the Customer will only be considered as firm and final when the following steps have been cumulatively and successively observed:
To make a Reservation of the Baggage Delivery Service, the Customer must fill in all the fields offered to him to open a personal account (hereinafter the "Personal Account" of the Customer).
The Reservation cannot be validated if the compulsory fields are not completed. Once the information has been completed and validated, the Customer will receive an email confirming that their reservation has been taken into account on the email address they have provided.
The email and mobile phone number provided by the Customer will be used by BAGAGES DU MONDE or its service provider to communicate with him. The Customer must continually ensure their proper functioning.
In the absence of information or notification to the contrary, the Customer's email is considered valid and any email sent by Paris Aéroport or by BAGAGES DU MONDE on this email will be considered to have been received by the Client. Similarly, in the absence of information or notification to the contrary, the Customer's mobile phone number is considered to be valid and any SMS sent by Paris Aéroport or by BAGAGES DU MONDE to this mobile number will be considered to have been received by the Customer. .
The Customer guarantees the veracity and accuracy of the information provided when creating their Personal Account and / or when identifying it. BAGAGES DU MONDE can not be held responsible for operational problems related, directly or indirectly, to incorrect information entered by the Customer at the time of booking in their Personal Account.
Use of the HelloPassenger website that is fraudulent or that contravenes the GTC may result in BAGAGES DU MONDE's refusal, at any time, to access the Service offered, even if BAGAGES DU MONDE would have confirmed the Reservation, without prejudice to any legal action likely to be taken by BAGAGES DU MONDE before the competent courts.
4 - CANCELLATION OF RESERVATION
The Customer may cancel his Reservation, from his personal "My Account" space on the HelloPassenger website, up to 6 hours from the date and estimated time of baggage claim, without fresh. He will then obtain a full refund of the price paid under the conditions of article 5.3 of these GTCS.
5 - RIGHT TO RETRACT
5.1 Existence of a right of withdrawal
The Customer, if he is a non-professional natural person, has the right to withdraw from his Reservation, without giving a reason, or bearing other costs than those provided for in articles L.221-23 to L.221-25 of the consumer code, within fourteen (14) days, from the receipt by the Customer of the acknowledgment of receipt by BAGAGES DU MONDE of its Reservation.
At the express request of the Customer, the execution of the Service can start before the end of the withdrawal period. This request is expressed by the Customer when he makes the Reservation and accepts these GTCS by checking a specific box for this purpose. The Service is considered to have commenced execution on the date of taking charge of the goods entrusted to BAGAGES DU MONDE, as indicated in the Reservation.
5.2 Procedures for exercising the right of withdrawal
The Customer can exercise his right of withdrawal by writing to the following address:
BAGAGES DU MONDE
ZAC DU MOULIN
9, rue du Noyer
95700 ROISSY EN FRANCE - France
"Dear,
On [________], I placed an order with you by (telephone, mail, Internet) from the following Services: [________] according to file reference [________].
In accordance with article L. 221-18 of the consumer code, I inform you that I wish to exercise my right of withdrawal regarding this order.
(If you have paid a deposit or the entire order) I kindly ask you to reimburse me the sum of [________] euros that I paid you by (bank card, etc.).
Thank you, please accept, Madam, Sir, the expression of my best regards.
(Signature)"
In accordance with Article L.221-19 of the Consumer Code and Council Regulation No 1182/71 / EEC of 3 June 1971 determining the rules applicable to time limits, dates and terms:
the day on which the contract is concluded is not counted in the withdrawal period mentioned in article 5.1 of the GTC;
the period begins to run at the beginning of the first hour of the first day and ends at the expiration of the last hour of the last day of the period; and if this period expires on a Saturday, a Sunday or a public or non-working day, it is extended until the next working day.
The right of withdrawal cannot be exercised after the expiration of fourteen (14) days following confirmation of the Reservation.
Similarly, in accordance with points 1 ° and 12 ° of article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised by the Customer in the following cases:
when the Services contract is fully executed before the end of the withdrawal period and the execution of which has started after the express prior agreement of the Customer and express waiver of his right of withdrawal; and
when the provision of goods transport services is to be provided on a specific date or period.
Likewise, the Customer cannot make use of the right of withdrawal if the Service is fully executed before the end of the 14-day period, which he expressly recognizes. The Service is considered to be fully executed at the end of the period indicated in the Reservation or, where applicable, on the date of its effective delivery if the Customer chooses to recover his effects before the end of the duration indicated in the Reservation without having previously exercised their right of withdrawal under the conditions mentioned in the article "Right of withdrawal"
The Customer who requests the execution of the Service before the expiration of the withdrawal period referred to in this article of the GTC may however exercise his right of withdrawal.
In such an event, BAGAGES DU MONDE is entitled to request payment of an amount corresponding to the Service provided until the communication of its decision to withdraw, provided that BAGAGES DU MONDE has received a request during the withdrawal period express withdrawal of the Customer for the execution of said Service.
Pursuant to article L.221-22 of the Consumer Code, the burden of proof of the exercise of the right of withdrawal under the conditions provided for in article L. 221-21 falls on the Customer.
5.3 Refund of the price of the Service
Pursuant to article L.221-24 of the Consumer Code, when the right of withdrawal is exercised, BAGAGES DU MONDE reimburses the Customer for all the sums paid, without undue delay and at the latest within fourteen (14 ) days from the date on which BAGAGES DU MONDE is informed of the Customer's decision to withdraw.
BAGAGES DU MONDE makes this reimbursement using the same means of payment as that used by the Client for the initial transaction, unless the Client expressly agrees that he uses another means of payment and insofar as the reimbursement does not result in of costs for the Customer.
6 - OPERATION OF THE LUGGAGE DELIVERY SERVICE
6.1 How does it work?
You book your Service online
You will receive by email the confirmation of your purchase containing all the details of your Reservation as well as an SMS.
A reminder SMS will be sent to you on the day of pick-up and the day of delivery of your Baggage.
You can consult your account at any time to track your order and the routing of your Baggage to your Personal Account on our HelloPassenger website.
6.2 Your care
6.2.1 From your place of residence to Paris Charles de Gaulle Airport
1 - A BAGAGES DU MONDE certified baggage handler will arrive at the address and time indicated on your Reservation.
It systematically checks your reservation and your identity.
You agree that your Baggage does not contain Prohibited Objects in Transport *. The porter seals each of your Baggage with a disposable lead in your presence.
You sign a contract to transport your Baggage in duplicate: the baggage handler of BAGAGES DU MONDE keeps one copy and keeps the other for you.
* Detailed list in the CGV
Treatment delays
2 - For home pick-up service between:
- 9:00 a.m. and 1:00 p.m., Baggage is made available at Paris Charles de Gaulle Airport from 2:00 p.m. the same day.
- 1:00 p.m. and 5:00 p.m., Baggage is made available at Paris Charles de Gaulle Airport from 7:00 p.m. the same day.
3- On arrival at Paris Charles de Gaulle, your Baggage checked by XRAY is stored at the guarded and secure locker, located above the Paris Charles de Gaulle TGV station.
Depending on the formula you have booked, either:
your Baggage is waiting for you at the BAGAGES DU MONDE locker open 7/7 from 6 am to 9:30 pm
or a porter gives them to you by hand in front of your company's check-in counter at the agreed reservation time.
6.2.2 Depuis Paris Charles de Gaulle vers votre lieu de résidence
1 - According to the formula you have reserved, either:
you deposit your Baggage at the left-luggage office at the time you have indicated
or a certified porter waits for you in front of the luggage mat in your arrival area with a sign with your name.
He systematically checks your Reservation and that your identity corresponds to the Baggage that you entrust to him.
You sign the transport contract specifying the number of Baggage entrusted, the place and time of delivery
The porter seals each of your Luggages in front of you with a disposable lead.
For legal reasons, the certified porter will go through Customs with you.
Treatment delays
2 - For delivery between:
- 9 a.m. and 1 p.m., Baggage must be delivered to Paris Charles de Gaulle Airport before 6.30 p.m. the day before (D-1)
- 3:00 p.m. and 7:00 p.m., Baggage must be delivered to Paris Charles de Gaulle Airport before 1:30 p.m. the same day. 3:00 p.m. and 7:00 p.m., Baggage must be delivered to Paris Charles de Gaulle Airport before 1:30 p.m. the same day.
3 - A certified porter arrives at the address and time indicated on your Reservation to deliver your Baggage.
6.3 Eligible addresses
Paris Charles de Gaulle - airport hotel zone - Paris Center (75) - bordering departments 92-93-94 - Versailles - Disney Land Paris - Villepinte Exhibition Center
6.4 The type of Baggage accepted
The weight of each of your Luggage cannot exceed 30kg and their size must not exceed 158cm [5'2"] (sum of width, height, depth, pockets, wheels and handles included) *.
* These standards relate to the Home Baggage Delivery Service and do not replace the rules of your airline.
** PLEASE NOTE: Baggage that exceeds the indicated weight and format cannot be handled by the Baggage Delivery Service.
6.5 compensation for delay in delivery of Baggage
No compensation for delay in delivery of Baggage is due by BAGAGES DU MONDE if no imperative date has been expressly requested by the Customer and accepted by BAGAGES DU MONDE.
In case of designation of an imperative delivery date accepted by BAGAGES DU MONDE, compensation may only be awarded if a notice to deliver has been sent to BAGAGES DU MONDE by the Customer by a registered letter with acknowledgment of receipt.
6.6 Video surveillance
For security reasons, Customers who report to the BAGAGES DU MONDE locker are filmed inside our premises. The films are archived and can be viewed in accordance with the regulations in force.
7 - SAFETY / SECURITY
7.1 Security
By entrusting his Baggage to BAGAGES DU MONDE, the Customer agrees, upon delivery of Baggage, and whatever the Service requested, to comply with the air regulations relating to safety and security. The remitter must, at the time of removal or collection, present a valid ID with photo ID. The remitter accepts without any reservations that his Baggage is inspected during an X-ray security check. If the X-ray image cannot be read, the remitter accepts that a doubt will be removed by an opening and a search of the Baggage (s) concerned, including in his absence; This operation is systematically carried out before a witness and by qualified and authorized agents.
The Customer is informed and accepts that his Baggage must be sealed regardless of the type of Service ordered (from or to Paris Charles de Gaulle Airport). The bags and suitcases presented must be able to bear the numbered seals. BAGAGES DU MONDE may refuse to accept baggage if it is impossible to guarantee the integrity of the Baggage after verification of use.
The installation of single-use seals must be done in the presence of the Client.
Baggage must be delivered conditioned, packaged, marked, labeled, so that it can withstand the handling and storage operations entrusted to it and be delivered to the recipient in accordance with the instructions given to BAGAGES DU MONDE and under normal conditions.
The responsibility of BAGAGES DU MONDE cannot be engaged for all the consequences resulting from an absence, an insufficiency or a defect of the packaging, the packaging, the marking, and / or the labeling, of the defect sufficient information on the nature and particularities of Baggage.
It is in particular the Customer's responsibility to ensure that the straps, handles and, in general, that the packaging / suitcase is capable of withstanding handling, particularly in relation to the accepted weight limits.
Concerning fragile objects and particularly bottles and brittle objects, it is the Customer's responsibility to ensure that they are sufficiently wrapped and protected.
7.2 Security
IMPORTANT INFORMATION N ° 1:
"NOTICE TO PASSENGERS - ENSURE YOUR OWN SAFETY
By accepting the GTCS, I acknowledge that:
- The Baggage belongs to me, I prepared it myself, so I am fully aware of its contents.
- Nobody gave me anything to transport.
- No one has handled the Baggage without my knowledge and it has not been left unattended so that its integrity is preserved.
- Baggage does not contain prohibited or dangerous items prohibited for carriage. (See article 7.3 "Hold baggage - list of prohibited articles" below).
- If my Baggage contains mobile phones or other electronic objects, they are switched off. "
IMPORTANT INFORMATION N°2 :
Baggage is secure in order to ensure that it does not contain any dangerous object listed in article 6.2 below of the GTCS.
The Customer's civil and / or criminal liability may be incurred in the event that such items appear in the Baggage.
The Customer is informed that Baggage can be opened by a BAGAGES DU MONDE agent duly approved by the airport authorities, if a doubt is raised, when going to the X-ray in Checks or at the screening inspection post (PIF).
In application of the security procedures applicable at airports, if a prohibited object is discovered in Baggage, it may be destroyed, regardless of any legal action that the authorities may take against the Customer, whether present or no.
These operations may be recorded by a video surveillance system. In all cases, BAGAGES DU MONDE cannot be held liable, in any capacity whatsoever, for damage caused to Baggage and to what it contains in the context of an opening and / or destruction required by the authorities. .
IMPORTANT INFORMATION N°3 :
In no case may be stored in Baggage supported by BAGAGES DU MONDE:
- identity papers, currencies, banknotes, financial or movable securities, securities or means of payment, debt securities or commercial paper, gift vouchers, phone cards or equivalent, and in general any other paper document or support allowing a fungible payment and / or subject to the legality of the transport of funds;
- precious metals, jewelry, precious stones and pearls, timepieces, works of art and antiques and all other valuables;
- animals and living or dead beings, plants, temperature-controlled goods or perishable goods, as well as any product subject to excise duty under suspension of duties;
- all goods covered by national and international regulations on dangerous products such as, in a non-exhaustive manner, ammunition, firecracker, rocket, fireworks, distress signals, gas refill, explosives, gases, flammable, radioactive materials , toxic, infectious or corrosive, as well as all the objects which, by their nature or their conditioning, can present a danger for the personnel of driving or handling of BDM, the environment, the safety of the transport vehicles, or damage the other Baggage carried, vehicles or third parties;
- firearms, weapons of war or collection, loaded or unloaded, narcotic drugs, psychotropic drugs;
- publications or audiovisual media prohibited by any law or regulation applicable in France.
7.3 Checked baggage - List of Prohibited Articles.
Customers are not allowed to carry the following items in their Checked Baggage:
- explosive or incendiary substances and devices
- explosive or incendiary substances and devices capable of being used to cause serious injury or to threaten the safety of an aircraft, in particular:
- ammunition,
- primers,
- detonators and detonating cords,
- mines, grenades and other military explosives,
- fireworks and other pyrotechnic articles,
- smoke bombs and cartridges,
- dynamite, powder and plastic explosive.
8 - PRICES AND PAYMENT
8.1 Price
The prices, information or notes appearing on the HelloPassenger website are those in force at the time the Reservation is confirmed.
BAGAGES DU MONDE reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the Reservation.
The prices are indicated in euros all taxes included (TTC). They are applicable during the validation of the order by the consumer. The prices are subject to the VAT in effect in France. Any change in the legal rate of this VAT will be reflected in the price of the products presented on the HelloPassenger website on the date stipulated by the relevant application decree. The price excludes all additional costs which are not expressly mentioned as included in the Booking confirmation with advance payment. Also, optional services will be offered by BAGAGES DU MONDE to the Customer at the time of baggage handling. BAGAGES DU MONDE will collect the amount of these services subject to formal acceptance of the rates indicated on the inventory and by debiting the bank card used at the time of booking on the Paris Aéroport website or the Paris Aéroport application.
8.2 PAYMENT
Service Reservations on the HelloPassenger website are payable upon Reservation by bank card only, by means of a secure transaction based on SSL security technology. The list of authorized bank cards is indicated on the HelloPassenger website and can be changed regularly.
The regulations are cashed upon receipt and validation of the order by the Customer.
In the event of refusal of authorization to pay by bank card on the part of officially accredited bodies or in the absence of payment, the Reservation is canceled.
The invoice corresponding to the Booking will be dated from the date of the Booking and will be sent to the Customer by BAGAGES DU MONDE on the day the service is provided.
All unforeseen bank charges, whatever they may be, charged to BAGAGES DU MONDE following payment, are the responsibility of the Client.
BAGAGES DU MONDE reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order or who presents any risk.
9 - LIABILITY
9.1 Use of the HelloPassenger website
Subscribing to the Service via the HelloPassenger website implies acceptance of the General Conditions of Use of the HelloPassenger website.
BAGAGES DU MONDE makes no warranty as to the performance of the HelloPassenger website and its continued availability.
The HelloPassenger website is in principle accessible 24 hours a day, 7 days a week, unless there is an interruption, scheduled or not, for maintenance purposes, suspension of activity or force majeure.
Being in fact subject to an obligation of means, BAGAGES DU MONDE cannot be held liable for any damage, whatever its nature, resulting from the unavailability of the HelloPassenger website.
9.2 Insurance
Unless the TLF Conditions apply (referred to in Appendix A), in the case of Baggage Transport, the Customer is expressly requested, in application of this article of the GTC, that the value of each Baggage entrusted does not exceed € 500 including tax (content and container included).
No insurance is taken out by BAGAGES DU MONDE without the Client's written order before the start of the Service and the risks associated with it.
The Customer however has the possibility of contracting ad-valorem insurance if he so requests at least 24 hours before the Service begins, by email cab4bag@bagagesdumonde.com.
This insurance makes it possible to record the accepted value of the Baggage.
However, the Customer is expressly informed that in the event of a dispute, he must present an invoice paid in his name for the value (s) insured in this Baggage.
The insurance order must specify the nature of the effects (detailed list), the values to be insured and the desired guarantees.
If such an order is given, in the absence of a precise specification, only ordinary risks will be insured.
If such an order is given, BAGAGES DU MONDE, acting on behalf of the Client, will take out insurance with an insurance company known to be solvent at the time of cover.
Acting as the Client's agent, BAGAGES DU MONDE cannot in any case be considered as the insurer.
The conditions of the policy are deemed to be known and approved by the senders and recipients who bear the cost; in particular, the Customer may claim a reimbursement of his Baggage and its contents only on presentation of invoices, it being understood that in the event that the insurers apply a depreciation, the latter will not be compensated by BAGAGES DU MONDE.
The Customer who subscribes himself an insurance policy guaranteeing the risks must specify to his insurers that they can claim to exercise their recourse against BAGAGES DU MONDE only within the limits specified in these CGV.
9.3 Litigation on the state of the Baggage upon return
Disputes must be noted by the Customer at the time of recovery and certified by a representative of BAGAGES DU MONDE.
No litigation will be accepted a posteriori. Although BAGAGES DU MONDE attaches particular importance to ensuring the security of goods, valuables must not be placed in the Baggage entrusted: valuables, precious metals, jewelry, cash are prohibited as mentioned in article 7.2 IMPORTANT INFORMATION # 3.
9.4 Force majeure
BAGAGES DU MONDE will not be responsible for the partial or total non-performance of its obligations under the Service ordered, if this non-performance is caused by an event constituting force majeure, in particular in the event of disruption or partial or total strike in particular postal services and means of transport and / or communications, flood, fire, and in general, in the event of an event beyond its control.
BAGAGES DU MONDE and the Customer agree to consult as soon as possible in order to determine together the methods of execution of the Services ordered during the duration of the force majeure.
Beyond one (1) month of interruption due to force majeure, BAGAGES DU MONDE may not honor the Service ordered and must reimburse the Customer, if applicable, within thirty (30) days without compensation is due in this respect.
9.5 Duration of contract / Waiting period / Sort of Baggage abandoned
9.5.1 Duration of contract
The duration of the contract depends on the Service ordered by the Customer.
The contract mentions the expiration date of the Service ordered.
9.5.2 Waiting period
Failure, at the fault of the Customer, of handing over the Baggage at the expiration of its contract, results in the deposit of Baggage during a waiting period during which BAGAGES DU MONDE will contact or try to contact the Customer by means of the telephone mentioned in its order, BAGAGES DU MONDE having an obligation of means on this point.
As such, BAGAGES DU MONDE will also contact or try to contact the sender or the recipient of the Baggage, if it is different from the Customer.
The Customer will assume the additional deposit, storage and or additional shipping costs induced by the expiration of the duration of the contract, the waiting period and the return of the Baggage.
The waiting period will be equal to 10% of the initial duration of the contract without being less than fifteen (15) days or more than two (2) months.
The start date of the waiting period will be the day following the expiration date indicated on the contract.
9.5.3 Sort of abandoned Baggage
By this article, the Customer is informed and accepts that at the end of the waiting period referred to in article 9.5.2 of the GTC, following the expiration of the contract, in the event that the Customer or its sender or its addressee would not show up to collect the Baggage, after BAGAGES DU MONDE has vainly tried to contact them, ownership of the abandoned Baggage will be automatically transferred to the benefit of BAGAGES DU MONDE, which may dispose of it freely and in particular sell or destroy it .
If the Customer, the sender and the recipient of the baggage cannot be reached and / or refuse to assume the additional storage and / or additional shipping costs induced by the abandoned baggage, BAGAGES DU MONDE may dispose of it freely and in particular sell it or destroy it.
9.6 Limitation of liability
The responsibility of BAGAGES DU MONDE is strictly limited to that incurred by its subcontracting service providers in charge of the Services that it does not perform itself (carriers, agents, freight forwarder, freight forwarders, warehousekeepers and their substitutes).
In the event that the personal liability of BAGAGES DU MONDE is engaged for a few causes and for any reason whatsoever, it would be strictly limited to all damage to Baggage and its contents attributable to all operations as a result of loss and damage and for all consequences that may result from the performance of the Services, at twenty (20) euros per kilogram of gross weight of missing or damaged goods without being able to exceed, whatever the weight, volume, dimensions, nature or value of the goods concerned, five hundred (500) euros per Baggage entrusted.
BAGAGES DU MONDE implements all the measures necessary to ensure the provision of Services under optimal conditions.
BAGAGES DU MONDE cannot however be held liable for any non-performance or improper performance of all or part of the Services provided for in the contract, which is attributable either to the Customer or to the unpredictable and insurmountable fact of a third party foreign to the contract , or in a case of force majeure.
More generally, if the responsibility of BAGAGES DU MONDE was engaged, BAGAGES DU MONDE could in no case agree to pay any compensation for indirect damage; in the case of direct damage, and subject to the following paragraph, no compensation will be paid if the existence and the quantum of this damage have not been established.
For all other damage, including in the event of delay in delivery due to BAGAGES DU MONDE, duly noted, the repair due by BAGAGES DU MONDE is strictly limited to that of the service at the origin of the damage, object of the contract. This compensation may not exceed that which is due in the event of loss or damage to Baggage.
When the value of the Baggage, subject of the contract, exceeds the above limits of liability, the Customer may:
- either bear, in the event of loss or damage, the difference between the liability limits of BAGAGES DU MONDE and the value of the Baggage,
- either subscribe a declaration of value which, fixed by him and accepted by BAGAGES DU MONDE will raise the limitations of liability for loss or damage, to the amount of said declaration of value and will result in the collection of an additional price,
- or give instructions to BAGAGES DU MONDE to take out insurance on its behalf, specifying the risks and values to be insured, as referred to in article 9.2 of the GTCS.
10 - PERSONAL DATA
10.1 In accordance with the law n ° 78-17 of January 6, 1978 relating to the files and freedoms, and modified by the law n ° 2004-801 of August 6, 2004, the personal data relating to physical persons collected by Paris Aéroport when identifying it for a Reservation, as well as those that may be collected later, are compulsory and have the purpose of granting and managing the Customer's Reservation and delivery of their Baggage. Certain data may be sent to third parties to satisfy legal or regulatory obligations, as well as for the processing of the payment of the Reservation.
The Customer has a right of access, rectification and deletion for any information concerning him, a right which he can exercise on simple request to Paris Aéroport, by mail.
The Customer expressly authorizes Paris Aéroport to transmit personal data to any third party - companies, subcontractors and / or providers - intervening directly or indirectly in the context of the execution of the Service and / or the processing of the Reservation .
10.2 Likewise, the Client is informed that BAGAGES DU MONDE implements personal data processing to enable it to manage, invoice, follow up on its Clients' files and prospecting.
These data are necessary for the proper management of Customers and are intended for the authorized services of BAGAGES DU MONDE.
In accordance with the Data Protection Act, individuals have a right of access to data concerning them, rectification, questioning, opposition for legitimate reasons and prospecting at the following address: info @ luggagedumonde .com or by post to Bagages du Monde, 9 rue du Noyer, ZA du Moulin, 95700 Roissy-en-France accompanied by a copy of a signed identity document.
11 - MEDIATION
In accordance with article R. 616-1 of the consumer code, the Customer is informed of the possibility offered to him by article L.616-1 of the consumer code, in the event of a dispute resulting from his Reservation , to have recourse to the MEDICYS mediation service to which BAGAGES DU MONDE belongs:
Medicys
73 boulevard de Clichy, 75009 Paris
Website: https://www.medicys.fr/
The Customer is informed that the referral to the mediator can only take place after having first tried to resolve the dispute directly with BAGAGES DU MONDE by a written complaint.
12 - INTELLECTUAL PROPERTY
The www.bagagesdumonde.com site, the brands and the Services presented there are protected by intellectual property rights and / or other rights that BAGAGES DU MONDE owns or which it is authorized to use. No stipulation of the contract can be interpreted as operating any transfer of intellectual property rights to the Client.
The Customer may in no case store (outside the connection session, if applicable), reproduce, represent, modify, transmit, publish, adapt on any medium whatsoever, by any means whatsoever, or use in any way that is, the elements of the site www.bagagesdumonde.com, brands and Services without the prior written authorization of BAGAGES DU MONDE.
All Customers must comply with all the notices relating to intellectual property rights appearing on the www.bagagesdumonde.com site and not alter, delete, modify or otherwise infringe it.
Reproduction, imitation or affixing, partial or total, of the brands and designs belonging to BAGAGES DU MONDE or of which it holds the rights of a third party is strictly prohibited without its prior written agreement.
13 - MISCELLANEOUS
13.1 Availability of the GTCS
The General Terms and Conditions are made available to the Customer on the HelloPassenger website where they can be directly consulted.
13.2 Modification of the GTCS
BAGAGES DU MONDE reserves the right to modify the GTCS at any time and without notice. In case of modification of the GTCS, the applicable GTCS are those in force on the date of the Reservation.
13.3 Invalidity of a clause
In the event that one of the GTCS clauses proves to be useless, void or without object, the other GTCS clauses will remain unchanged and will continue to apply as if the useless, void and moot clauses no longer appear in them.
The temporary or permanent application of one or more clauses of the GTCS by BAGAGES DU MONDE cannot be considered as a waiver on its part of the other clauses of the GTCS which continue to have effect.
13.4 Evidence
The computerized registers, stored in the computer systems of BAGAGES DU MONDE and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties.
14 - APPLICABLE LAW - ATTRIBUTION OF JURISDICTION
The contract is deemed to be concluded in French, even if the documents and exchanges with the Client are written in another language.
The contract falls exclusively under French law.
In the event of a dispute between BAGAGES DU MONDE and the Customer or a dispute under the Service, the court competent to rule on the dispute will be that located in the jurisdiction of the domicile or the registered office, located in France, of the defendant.
