Client agreement for the use of the services provided by BagsPorter

terms and conditions

Rev. No. 1, December 8, 2019

Please familiarize yourdelf with this client agreement before using the services provided by BagsPorter and agree to the terms described below. 

If you do not accept the terms of this client agreement even if partially you shall not have the right to use BagsPorter service by any method, for any purpose or in any scope.

By means of BagsPorter service you can obtain services for the delivery of your luggage to/from a hotel or home to/from an airport, as well as flight check-in services for your luggage (hereinafter referred to as Services) in the territory of the Russian Federation.

Acceptance of the terms of this Client Agreement is intended to regulate the dealings between:

  • BagsPorter LLC, a limited liability company under the laws of the Russian Federation (OGRN 1197746616935) , i.e. delegated administrator of BagsPorter service;
  • and Client (you), i.e. any user of the Services provided by means of BagsPorter service.

Administration has the right to change the terms of this Client Agreement by posting change notifications at the official web site https://www.bagsporter.com no later than 10 (ten) days before the changes take effect. At the same time, Administration guarantees and confirms that this revision of the Client Agreement is effective upon approval. Subsequent usage by Client of the Services provided by means of BagsPorter service through the use of its functionalities after Administration makes changes to the Client Agreement implies Client’s acceptance of these changes. 

Revision approval date of the effective Client Agreement is specified in the top right corner on the first page of the Client Agreement. 

This Client Agreement constitutes a public offer in the context of Article 435 of the Civil Code of the Russian Federation and is deemed accepted, i.e. it takes effect as an agreement for the parties from the time Clients perform actions as specified by clause No. 4 of this Client Agreement, which under clause 3 of Article 438 of the Civil Code of the Russian Federation represents full and unconditional acceptance by Client of all terms of this Client Agreement in their entirety.

1. Terminology and definitions

«Administration» - BagsPorter LLC, a limited liability company under the laws of the Russian Federation;

«Personal account» – a web page at the Administration’s web site that contains information about activities of a specific Client, as well as other statistics that the Client needs in order to obtain the services provided by means of BagsPorter service;

«Report» - a reference document in electronic form provided in compliance with the Russian Federation laws to each and every specific Client and prepared on the basis of the data about payments of a Client, whether an individual or a legal person, for the use of services provided by means of BagsPorter service.

«Reporting period» – one calendar month;

«Client» – a legal or individual person that has acquired Client status in order to obtain Services distributed by means of BagsPorter service and that has a unique account in BagsPorter service and receives services of BAGSPORTER service in compliance with the terms of this Client Agreement;

«Client registration in BagsPorter service» – actions performed by any third party (Internet network user) in order to acquire Client status (Client account) for the purpose of obtaining the Services distributed by means of BagsPorter service, which enables the use of services provided by means of BagsPorter service;

«Luggage» – packed belongings that Client (passenger) takes for a journey, which get shipped and transported separately from the passenger;

«BagsPorter service» – general name of the suite of services and software applications (computer program and database that are used in conjunction only and that contain graphical, text and/or other information in digital form) that belong to Administration and are employed to provide to Clients luggage transportation Services, including those distributed via internet;

«Territory» – includes the Russian Federation territory unless specified otherwise in Supplements to this Client Agreement;

«Services» - services rendered by Administration with the use of functionalities of BagsPorter service as a response to Client requests/queries.

2. General terms and conditions

2.1. This Client Agreement is used for and applies to the web sites and interactive services that are inseparably associated with BagsPorter service and that belong to or are managed by Administration and/or by affiliated companies. 

2.2. By getting registered and by acquiring access to Personal account of BagsPorter service, Client’s usage of Services provided by Administration is enabled including the services distributed via Internet network in the scope and under the terms of this Client Agreement including the services offered with the aid of the tools provided to BagsPorter service Clients.

2.3. BagsPorter service Administration may provide to Clients additional services (not stipulated in this Client Agreement) that may be rendered by means of BagsPorter service capabilities, and it can specify additional conditions to render these services.

2.4. In the event of a conflict between the provisions of this Client Agreement and the terms of additional services, the latter shall prevail. 

BAGSPORTER SERVICE ADMINISTRATION HAS THE RIGHT TO SUSPEND AND/OR CANCEL AT ANY TIME AND WITHOUT NOTICE AN ACCOUNT OF ANY CLIENT BREACHING OR POTENTIALLY CAPABLE OF BREACHING THE TERMS OF THIS CLIENT AGREEMENT.

IF A CLIENT’S ACCOUNT WAS CLOSED IN CONNECTION WITH A BREACH OF THE TERMS OF THIS CLIENT AGREEMENT, BAGSPORTER SERVICE ADMINISTRATION IS AUTHORIZED TO SANCTION THE FUNDS, WHICH THE CLIENT HAD DEPOSITED, IN COMPLIANCE WITH EFFECTIVE LEGISLATION AND PROCEEDING FROM THE NATURE, EXTENT AND RESULTS OF THE BREACH OF THE TERMS OF THIS CLIENT AGREEMENT.

3. Requirements and restrictions applicable to Clients

3.1. Requirements applicable to Clients:

To enable registration and control of BagsPorter service Personal account, a Client shall be:

  • a legally capable individual person at least 18 (eighteen) years old and at a legal age as established by the law of host country;
  • a citizen or a resident of the country and state where it is legal to acquire the Services and to use the Service deliverables;
  • physically present in the territory of the country where acquiring the Services rendered by Administration to Clients is not restricted by effective legislation;
  • a legal or individual person lawfully performing entrepreneurial activities in the territory of the state where acquiring the Services rendered by Administration to Clients is not restricted by effective legislation.

3.2. Restrictions:

  • Client may not use third-party software to affect the functionality of the BagsPorter service an any way. 
  • In any kind of usage of Services and/or in usage of Service deliverables it is prohibited to publish personal data or other personal information of any third parties without their express personal consent for such actions.
  •  A Client must not ship in the luggage handed over to BagsPorter service shipping (including but not limited to) class 1-8 hazardous materials; materials carriage whereof is forbidden by Russian law, nor any concealed hazardous materials, weapons or ammunition, drugs or narcotic agents or precursors thereof, explosive objects or substances, gases, flammable liquids, solid objects or substances capable of autoignition, noxious or toxic substances or poisons, caustic corrosives, radioactive substances, magnetized substances, asbestos, dry ice or other solid substances or liquids that can damage cargo or be a hazard for people. If similar items are discovered to be shipped, BagsPorter service reserves the right to file an application with relevant state authorities and to terminate the transportation of the luggage turned over for shipping without any indemnification or compensation.

4. Client registration with BagsPorter service. personal account

4.1. At the time of registration Client shall provide information including that stipulated by the Personal Data Confidentiality Policy;

4.2. With access to Personal account granted by means of the user account provided, Client can deal with Administration and can select, order and pay for relevant services provided by BagsPorter service.

4.3. Client being the owner of user account is solely liable for all activities performed with the use of Personal account or with the use of Service deliverables in regard to BagsPorter service. Client may not provide access to his user account to anyone else.

5. Payments

5.1. Remuneration for the services rendered by BagsPorter service to Clients in the scope of its application shall be made exclusively to the account of Administration unless additionally agreed otherwise.

5.2. The services provided by BagsPorter service Administration shall be rendered to Clients on prepayment terms only and according to the tariffs posted at the official website https://www.bagsporter.com;

5.3. When effecting payments, Clients are obliged to strictly follow payment guidelines concerning the procedure and methods of payment which include the message and number input instructions for short text messages (SMS) including the input procedure for capital and lower-case letters, digits and input language. Administration is not liable for proper execution by Clients of any payment guidelines or Service payment instructions.

5.4. The moment of payment is considered to be the crediting of funds to the settlement account of Administration.

5.5. Client bears all expenses solely and at own cost including duties and levies associated with the transfer of funds for the account of Administration.

5.6. Administration is not liable for third-party actions resulting in non-transfer (non-receipt) of funds or in incomplete transfer (receipt) of funds via electronic payment systems.

5.7. BagsPorter service Administration uses third-party electronic and other payment services (Payment services) to process payments and to withdraw funds from accounts. Client unconditionally grants to BagsPorter service Administration the right to assign payment processing to such Payment services. Client agrees to abide by the terms of usage of all applicable Payment services. In the event of a conflict between the terms of this Client Agreement and the Payment services terms for payment processing, the terms of this Client Agreement shall prevail. Client agrees that BagsPorter service Administration is not liable for any losses caused by unauthorized usage of Client’s credit card, or if any other payment method is used when dealing with BagsPorter service.

6. Limited warranty

6.1. Administration guarantees to Clients that BagsPorter service has been lawfully implemented in civil transactions and that the Services rendered by means of BagsPorter service do not contravene provisions of applicable legislation.

6.2. As much as it is possible within the scope allowed by applicable law, Administration disclaims any other warranties and conditions whether mandatory or indirect including indirect quality guarantees or delivery of BagsPorter service for Client purposes.

6.3. Administration does not guarantee that the Services provided by means of BagsPorter service will be rendered without interruptions or fault-free, or that every Client will be able to have access to the Services at any time or in any geographical area, or that the Services rendered by means of BagsPorter service functionalities will conform to any efficiency or quality criteria chosen.

6.4. As much as it is possible within the scope allowed by applicable law, Administration under no circumstances shall be held liable for any actual, incidental, indirect, punitive or consequential damages (including without limitation missed profit damages, stoppage of service, loss of information or any other property losses including without limitation the losses resulting from or in connection with BagsPorter service, or applicable support or statistics even if Administration has not informed of the possibility of such losses. 

7. License for the use of information provided by Clients

7.1. When rendering the Services, Administration may use the information provided by Clients including audio, video or text materials as well as comments, questions, suggestions, drawings or computer codes. Clients provide to Administration a non-exclusive license without geographical limits and free of license fees for editing, display, archiving, execution, reproduction or production of derivative works with these materials for the exclusive purpose of rendering BagsPorter Services and promoting BagsPorter service.

7.2. Client hereby waives any property rights that Client may have relating to the information provided to Administration. Client represents and warrants to have all the rights needed to provide to BagsPorter service Administration the above mentioned rights, and that no materials provided by Client are defamatory or infringe on any rights of third parties including without limitation any intellectual property rights, and that they do not breach applicable laws. BagsPorter service Administration is free to use the materials provided by Client without any liability. Client also agrees that BagsPorter service Administration may receive and/or design similar materials without assistance or via external suppliers that it liaises with, and that such materials may resemble or be identical to the materials provided by Clients in subject matter, ideas or format etc. By uploading any materials to Internet network by means of BagsPorter service Client waives any claims in connection with their usage. Any information uploaded by Client to Internet network by means of BagsPorter service including but not limited to photographs, names, links, data, questions, comments, suggestions etc. is considered to be non-confidential.

8. Confidentiality

8.1 Privacy Policy is a stand-alone procedure of Administration, it is posted on the Internet at the following page: https://www.bagsporter.com/privacy-policy (hereinafter referred to as Privacy Policy);

Privacy Policy of BagsPorter service governs the use of data provided by Client, and Client in turn consents to the use of BagsPorter service Administration of such data in conformity with Privacy Policy.

When Client accepts (including but not limited to) any gift/prize/advantage/discount/benefits received through the use of the Services distributed by means of BagsPorter service, Client consents to the disclosure of personal information by BagsPorter service for promotional purposes in accordance with clause 8.2. of this Client Agreement.

8.2. Consent to personal data processing for business purposes and for promotional activities:

When registering a Client account, Client consents to potential usage of the information provided by Client as well as of the data concerning Client’s usage of BagsPorter service for promotional purposes. When Client accepts (including but not limited to) any gift/prize/advantage/discount/benefits received in connection with the use of BagsPorter service, Client authorizes Administration free of charge to use, distribute, modify, adapt, reproduce, print, publish, display publicly and broadcast worldwide using any media and at any time the name, image, voice and/or biographical information provided by Client for promotional or other purposes without additional compensation.

9. Intellectual property protection

Trademarks, logos and service marks integral to BagsPorter service (collectively referred to as Trademarks) are registered trademarks of Administration or of other right holders. No information provided by the Administration or by any third parties shall be construed as granting either directly or indirectly any license or right for the use of any Trademarks without written approval of Administration or another right holder. Misuse of any Trademarks is strictly prohibited.

10. Liability

Administration has the right to collaborate with state bodies of the Russian Federation or of other countries and with third parties in investigations of any assumed breach of law associated with functionality of BagsPorter service or of any Internet resources involved in one way or another in the implementation of capabilities provided by BagsPorter service to Clients. Administration reserves the right to undertake any of the above-mentioned measures at its own discretion when there are reasons to assume that: 

  • Client has breached a provision specified in the terms of this Client Agreement;
  • Client participates in an attempted fraud against BagsPorter service and/or Administration involving the use of credit cards or other payment methods regardless of the outcome;
  • Client fails to fulfill legitimate payment requests.

The breaches that Administration at its own discretion deems unintentional or of lesser gravity may result in initial warnings issued to offenders. 

Upon a repeat breach such Clients shall be deemed to be deliberately violating the terms of this Client Agreement, and Administration reserves the right to block Client’s Personal account and to ban any access to the Services for a period of up to six months or to terminate access to services.

11. Choice of law and dispute resolution

11.1. BagsPorter service and any of its components are protected by copyright law, applicable Russian legislation, international copyright conventions and other laws and conventions on intellectual property rights. Under the terms of this Client Agreement and of other documents referenced in it, the Client acquires the right for the Service deliverables alone.

11.2. All property rights which include property title including author’s rights or other intellectual property rights in regard to BagsPorter service (including without limitation any images, photographs, animation, video, audio, music, text or applications incorporated in BagsPorter service by Administration or by external suppliers, print collateral as well as any copies or derivative works made on their basis belong to Administration.

This Client Agreement shall be governed and construed in accordance with the Russian Federation laws. Each and every Client agrees to the exclusive jurisdiction of and to legal proceedings on all cases pertaining to the conditions of this Client Agreement in relevant courts of the Russian Federation. Notwithstanding any provisions of this Client Agreement, BagsPorter service Administration can pursue legal judgment in any court of competent jurisdiction. BagsPorter service Administration makes no representation that BagsPorter service is operated in accordance with laws or rules of other states or is governed by them. By using BagsPorter service, each and every Client confirms compliance with age or other requirements including those stipulated by the laws of the country of their stay. If Client does not comply with age or other requirements, they shall immediately stop the use of the Services rendered by Administration by means of BagsPorter service.

11.3. If under effective law a decision is made that this Client Agreement is invalid or not feasible in any of its parts including without limitation the disclaimer of warranties or liability limits stipulated above, then a valid and feasible condition that is as close in intention to the initial terms as possible shall temporarily suspend the invalid or unfeasible condition, while the remainder of the Client Agreement shall continue in force.

11.4. Inability of Administration at any moment to fulfill any condition of this Client Agreement should not be deemed as a present or future waiver of such conditions, and likewise it has no effect on the ability of any Party to honor all such conditions. A direct waiver of Administration of any provisions, conditions or requirements of this Client Agreement or of associated agreements shall not indicate a waiver of compliance of future liabilities with such requirements, conditions or provisions. Without due regard to other provisions of this Client Agreement no flaw, delay or failure to fulfill the conditions by Administration shall be deemed a breach of this Client Agreement if such flaw, delay or failure to fulfill the conditions are demonstrated to have causes beyond reasonable control.

12. Final provisions

12.1. The totality of terms in the provisions of this Client Agreement together with any additional terms referred to and incorporated in this document constitute the complete agreement between every Client and BagsPorter service Administration.

12.2. As much as it is possible under applicable laws of the territory of stay of the Client who is using the Services by means of BagsPorter service functionalities, if any part of the terms of this Client Agreement is declared invalid or of no effect, then the invalid or ineffective provision shall be deemed replaced by a valid provision subject to execution, which most accurately fits the purposes of the initial provision, while the remaining conditions shall continue in force.

12.3. All notifications required under the terms of this Client Agreement shall be forwarded in writing to the following address: 129090, Moscow, Botanicheskiy Alley, 7 E 3 Rm. I К 21 Office А6N, and copies shall be sent by email to the following address:  support@bagsporter.com.

12.4. Parties to this Client Agreement accept that all correspondence and all documentation pertaining to this Client Agreement and to its execution by Parties has been written and is employed with the use of the English or Russian language only.

12.5. Client may close his user account and cancel Personal account at any time by applying to the support service at the following email address: support@bagsporter.com. BagsPorter service Administration shall respond to the request within 48 (forty-eight) hours. 

12.6. Client signifies his consent to the BagsPorter service Administration’s right to send messages to Client via any communication channels in order to inform Client about BagsPorter service and about the services it offers.