GTC

I. Introduction and scope

1. These General Terms and Conditions (GTC) define the relationship between the Client (hereinafter referred to as the Client) and Flying Bag AG (hereinafter referred to as Flying Bag or the Contractor).
2. These GTC apply to the execution of orders for the transport of goods within Switzerland. These GTC may be amended by Flying Bag at any time.
3. If the order provides for the consignment to be handed over to an airline, the transport and carriage conditions of the respective airlines shall apply from the time of acceptance of the consignment by the airline at the departure airport. Any liability of Flying Bag ends with the handover of the consignment to the first airline.
4. All conditions may not be changed or supplemented. Changes or additions may only be made by written agreement between an authorised person of the contractor Flying Bag and the client.

II. Contracts and services

1. The order is to be placed with Flying Bag via the booking portal. The contract is concluded when Flying Bag has confirmed the order in writing.
2. For the purposes of the following, unless otherwise stated, an order is deemed to be a “consignment”. Depending on the order, a consignment may include several packaged or general goods. The term “goods” or “goods” refers to the nature of the items packed within the consignment or the individual piece goods.
3. The order must contain all the information necessary for proper execution, as well as information on special requirements and dangers relating to the goods shipped, in accordance with Clause VIII.
4. The services of Flying Bag are limited to the pick-up, transport and delivery of the consignment.
5. Flying Bag only transports goods for private use on journeys which are not subject to any transport restrictions (see Clause VII).

III. Third party commissioning & transport

1. Flying Bag is entitled to engage independent contractors and subcontractors for the execution of the transport and other services offered.
2. Flying Bag is authorised to agree the usual terms and conditions with contractors and subcontractors.
3. The client accepts that the shipment will take place by means of collective transport.
4. Flying Bag reserves the right to choose the transport route and the means of transport for the posted shipment at its own discretion. The client will not be informed of the mode of transport.
5. Storage will be at the discretion of Flying Bag in its own or third party storage facilities. If Flying Bag has to have the consignment stored between transports, the regulations of the warehouse used shall apply.
6. If the consignment or parts thereof are not accepted by the consignee at the place of destination or are delayed en route for reasons for which Flying Bag is not responsible (see, inter alia, clause X.), storage shall be at the expense and risk of the client. In any case, Flying Bag will inform the Client as soon as possible of such unforeseen intermediate storage. The costs are to be paid by the Client on an ongoing basis.

IV. Tariffs and deadlines

1. The fares can be found on the booking portal. The fare is based on the booking of the respective day and the indicated dates and routes.
2. Unless otherwise stated, fares include all transport and service charges. Statutory charges related to the transaction value of the booking, such as value added tax or sales tax on goods, are shown accordingly. Not included are costs for packaging material as well as all fees that may arise in connection with the international movement of goods (including customs duties) or which airlines charge for baggage handling as part of their transport and carriage conditions.
3. Delivery times can be found on the booking portal. These may vary depending on the route, date and type of baggage.Flying Bag may charge a fee for changes and cancellations of existing orders.
4. In the event of changes to an order, the difference in the currently valid sales price will be charged if the current price is higher than the price originally booked. Special offers and discounts cannot be applied retrospectively to an existing booking.
5. In the event of cancellation of the entire order, individual pieces of luggage, partial dates or routes, the following cancellation conditions apply:
   1. Cancellation up to 48 hours before pick-up: 100% refund.
   2. Cancellation up to 24 hours before pick-up: 50% refund
   3. Cancellation less than 24 hours before pick-up: 0% refund

V. Payment

1. Payment is made online on the Flying Bag booking portal via a payment service provider designated by Flying Bag. The payment methods accepted are those available for selection at the time of booking.
2. All costs are due for payment immediately and the payment will be processed by Flying Bag via the payment method selected in the booking. A confirmation of payment will then be sent by e-mail. By completing the booking, the Client agrees that Flying Bag may debit the selected payment method.
3. Flying Bag is not obliged to pre-pay taxes (e.g. in hotels), additional costs incurred (e.g. extra weight for airlines), etc. Flying Bag may demand advance payments from the Client in the respective amount. If Flying Bag or its subcontractors pay fares or unforeseen costs in advance, these will be charged to the Client in full afterwards. The Client may, upon request, ask for a receipt of the costs incurred.

VI. Allowed types of baggage and goods and mass to be transported

1. Only types of luggage and goods intended for personal travel or excursions are accepted as goods.
2. There is no limit on the number of pieces of luggage per order. Order and delivery times may vary for orders of 10 or more packages.
3. For all packages, the packaging regulations under section VII.1-5. must be observed.
4. The baggage transport services offered by Flying Bag can be viewed at the following URL: https://www.flyingbag.com/en/baggage-and-packing-policy/

VII. Terms and Conditions of Carriage and Restrictions

1. Unless otherwise agreed, the principal is responsible for the packaging of the packages. The sender is obliged to pack and handle all goods in such a way that there is no damaging effect on the goods themselves, on the means of transport, the rest of the load and on persons. The consignments or the individual packages must be fully and comprehensibly labelled so that the sender and recipient can be clearly identified. If Flying Bag provides the Client in advance with an address label (“Flying Bag Tag”) which allows electronic identification and tracking of the package, this must be used for the labelling. The address field on the Flying Bag Tag must be fully labelled by the Client. Flying Bag or its subcontractors commissioned with the transport may exclude goods from transport that are not properly packed or labelled. Flying Bag shall not be liable for scratches or other damage caused to luggage that is delivered to Flying Bag without packaging or without recommended packaging by the Client.
2. For the transport of sports luggage, bicycles and e-bikes and other special goods, we recommend suitable transport packaging to ensure the best possible protection. The currently valid packaging regulations can be viewed at the following URL: https://www.flyingbag.com/en/baggage-and-packing-policy/
3. The client declares that the consignment or the associated packages have not been packed by unknown third parties and seals and secures the consignment against unauthorised access until handover. Packages must be prepared in such a way that unauthorised access to the contents is not possible without leaving externally visible traces.
4. If defects in the packaging are not externally visible, the client is liable.
5. Flying Bag excludes the following goods or consignments from transport:
   1. Goods and quantities of goods which are legally prohibited in the sender or recipient country or which may not be imported or exported.
   2. Merchandise for commercial use or consignments for the purpose of bypassing postal services.
   3. Items that exceed the weight, size or number of items in point 4.
   4. Consignments whose value of goods exceeds CHF 2,000 in the respective national currency, with the exception of bicycles and eBikes with a maximum value of CHF 15,000.
   5. Consignments of jewellery and watches with a value exceeding CHF 500 in the respective national currency.
   6. Consignments of exceptionally high value such as works of art, antiques, precious stones, stamps, unique specimens, gold or silver, money, prepaid cards or negotiable securities (in particular cheques, bills of exchange, securities, savings books, share certificates or other securities) as well as dangerous goods (weapons, sports weapons, explosives, poisons, fuel) and medical products and equipment.
   7. Perishable, temperature-sensitive or live goods or goods that must be refrigerated.
   8. Technical equipment such as televisions, computers, laptops, cameras, cameras, mobile phones and furniture.
   9. Goods that may pose a risk to humans, animals or the means of transport, namely dangerous goods according to ADR/SDR that exceed the exemption limits.
   10. The list and its specifications are not exhaustive and can be extended unilaterally by Flying Bag at any time.
6. The transport of goods from clause VII.5. is only possible after a written approval by Flying Bag. In the absence of agreements to the contrary, such authorisation does not increase the liability and cover limits of Flying Bag according to clause XI. The packaging of valuable goods must be done in such a way that they are safe from damage during normal transport. Dangerous goods must be packed in such a way that they are also secured as far as possible in the event of an accident.
7. If there is a suspicion that consignments or packages contain goods which are excluded from transport, Flying Bag or the transport company commissioned by Flying Bag may open and inspect packages without notification and shall not be liable in this respect.
8. Flying Bag may refuse or stop the acceptance or transport of goods without giving any reason. Acceptance of a shipment by Flying Bag does not mean that such shipment is deemed to comply with applicable law or these Terms and Conditions.
9. Provisions relating to the shipment of baggage for air travel may vary, see Clause XI “Supplementary Transport Provisions Air Baggage”.

VIII. Documents, information and control over the transport goods

1. The Shipper shall provide Flying Bag with all documents necessary for the transport and with the information required for the execution of the order, such as addresses, number and type of packages. If necessary, the contents of the packages as well as the characteristics and value of the goods must be indicated to Flying Bag.
2. In case of a written authorisation by Flying Bag for the transport of goods from point VII.5. the client must inform Flying Bag in writing of the exact nature of the goods, their value, the danger and the precautionary measures to be taken. In doing so, he must observe the legal provisions and industry regulations for the goods in question.
3. If the aforementioned information is not provided to Flying Bag, the latter may refuse to accept the goods, return goods already accepted or hold them ready for collection. The client shall reimburse Flying Bag for any expenses incurred as a result.
4. Flying Bag is not obliged to verify or supplement the information provided or the authenticity of the signatures on any notices or other documents relating to the goods or the authority of the signatories, unless there is evidence that these are false. In that case, the verification will be carried out at the expense of the Principal.
5. Flying Bag shall take photographs of the goods to be transported at its own discretion.

IX. Customs clearance

1. As a matter of principle, Flying Bag does not undertake customs clearance for consignments.
2. For customs clearance in relation to air travel, see section XI, 2.

X. Pick up and delivery

1. Collection and delivery will only take place at accessible and drivable addresses within Switzerland and Liechtenstein. Exceptions to this are selected, car-free towns and villages. If this is not possible, the Client and Flying Bag shall jointly agree and define in writing a suitable delivery point. Service points are postal addresses in Switzerland and Liechtenstein that are directly accessible by a drivable road.
2. The Client is obliged to keep the consignment packed and labelled ready for collection at all times during the time window selected in the order process in accordance with these GTCs. In the event of delay (consignment not ready for collection within the collection window), Flying Bag has the right to charge additional fees or to cancel the order without substitution and without any obligation to refund. Items will be delivered to the specified recipient or to other persons who, according to the circumstances, can be assumed to be authorised to accept the items (e.g. employees of a hotel, airline, handling agent, pick-up point).
3. The recipient must be able to produce a receipt voucher (order confirmation) for the return of the shipment. If this is not possible, the goods will only be handed over if there is no doubt that the recipient is authorised to receive the goods.
4. The personal presence of the recipient or his representative is required. Consignments will only be handed over to unattended places (e.g. house entrance) or unknown third parties (e.g. neighbours) if the consignor has given written permission. In the event of an unattended deposit, the principal assumes full responsibility and liability for the consignment goods in the event of damage, loss or theft.
5. The recipient will receive notification of the whereabouts of his shipment. Flying Bag may use electronic means to prove delivery. The consignor expressly agrees that the reproduction of the signature recorded with the electronic delivery list, if provided for in the commissioned service and available, is valid as proof of delivery.
6. If an item cannot be delivered due to insufficient address information or if the recipient refuses to accept the item, Flying Bag will return the item to the sender or, if necessary, store it. The costs incurred for return or storage shall be charged in full to the client.
7. If neither the sender nor the recipient can be identified after 8 weeks (even after the opening of the shipment and a reasonable search), the shipped goods shall fall to Flying Bag for use and realisation.
8. The client has the right at any time to demand the return of individual or all consignments as well as the change of the delivery destination. Costs arising from a return or change of destination must be borne in full by the client.
9. If delays or unforeseen difficulties occur during transport, Flying Bag will inform the Client immediately. The consignor may receive compensation in accordance with clause XI for delays directly caused by Flying Bag or its subcontractors.
10. Flying Bag shall not be liable for delays whose causes do not lie within the sole responsibility of Flying Bag. Examples are disruptions of air or land transport routes (e.g. extreme weather conditions, natural disasters, fire, flood, war, hostilities and public disturbances, acts of governmental or other authorities and labour disputes or obligations (whether on the part of Flying Bag, its subcontractors or third parties).

XI. Additional transport regulations

1. Baggage regulations
   • Flying Bag can only hand over consignments (baggage/blocked baggage), which are included in the contract of carriage between the Client and the airline or which have been booked in advance by the Client, to the airline for transport. Hand luggage or luggage not booked can only be transported to/from a defined pick-up point at the airport.
   • The cost of transport by Flying Bag to/from the airport does not include airline baggage charges.
   • Flying Bag cannot issue airline tickets.
   • Online check-in must be completed by the Client prior to pick-up by Flying Bag during the agreed time window. If online check-in is not yet open at that time, it must be carried out at least 12 hours before departure. Flying Bag assumes no liability for the delivery of the shipment to the airline if the online check-in has not been carried out in time.
   • During transport by Flying Bag, the general luggage and transport regulations of Flying Bag to / from the selected airport apply. However, these may differ from those of the airline with which the Client has concluded a contract of carriage. Once the consignment has been handed over to the airline, the terms and conditions of the airline shall always apply.
   • The principal must independently ensure that the airline’s baggage and transport regulations are complied with. This also includes the existence of all relevant travel documents, dangerous goods regulations and luggage limits etc.
2. Customs & Police Regulations
   • The respective customs regulations of the country of departure / arrival shall apply. The client must ensure that the customs requirements are complied with.
   • All import allowances (goods, alcohol, tobacco, etc.) are not applicable to consignments transported by Flying Bag. Only personal items may be carried in the luggage. The import of goods that fall under the exemption limits must be carried with the hand luggage.
   • Customs or other competent authorities under the laws of the country of export or import (hereinafter “competent authorities”) have the right to open any baggage without notice or information. Competent authorities may remove goods or detain consignments. The customer must ensure that opening by the competent authorities is possible.
   • In the event of detention of consignments, the customer will be informed and advised of the further procedure. Handling charges may be incurred by Flying Bag.
3. Liability
   • Until the delivery of the consignment by Flying Bag to the airline or after receipt by Flying Bag from the airline, Flying Bag is liable. The liability conditions under point XII apply.
   • From the moment the consignment is handed over to the airline, the liability conditions of the respective airline apply. Flying Bag accepts no liability if the airline refuses to accept the consignment or parts thereof at the time of handover, if the Client’s compliance with the luggage and carriage regulations is not given in accordance with clause XI.1.6. In this case, Clause X.6 shall apply.
   • Flying Bag accepts no liability for damaged, delayed or lost baggage by the airline or competent authorities. Claims must be made by the Client directly to the airline or the competent authorities.
   • Flying Bag accepts no liability for customs regulations and actions as well as any expenses or penalties incurred as a result (e.g. customs clearance, fines, legal proceedings).

XII. Liability

1. Flying Bag is exempt from any liability in the event of damage or loss caused by force majeure or circumstances which neither Flying Bag nor its agents could avoid and/or the consequences of which they were unable to prevent. Examples include extreme weather conditions, natural disasters, fire, flood, war, hostilities and public disturbances, acts of government or other authorities and labour disputes or obligations (whether on the part of Flying Bag, its subcontractors or third parties).
2. Sports luggage, bicycles and e-bikes sent without packaging or without recommended packaging, Flying Bag will not be held liable in the event of scratching or other damage.
3. In the event of damage, loss or theft, Flying Bag is liable for a maximum amount of CHF 1,000 per package.
4. In the event of late delivery, Flying Bag is liable for the damage caused by emergency purchases (e.g. hygiene articles) and equipment rental (e.g. ski rental) up to a maximum of CHF 50 per package and day for a maximum of 5 days. The corresponding receipts must be provided by the client. If the delivery address is the same as the Client’s home address (e.g. in the case of a return journey), Flying Bag is not obliged to reimburse expenses incurred as a result of the delayed delivery. Deliveries made later than 12 hours after the delivery window indicated in the order confirmation are considered late by Flying Bag. Flying Bag shall not be held liable for shipments and goods which have not been properly packed or for excluded items in accordance with clause VII.1-6.
5. Flying Bag’s liability ends at the moment the consignment is taken over by the consignee or his agent. The complaint periods for hidden defects remain reserved.
6. Externally visible defects must be reported directly to the staff of the transport company when accepting the consignment. Non-visible and hidden defects or partial losses must be reported to Flying Bag immediately after their discovery within 2 days. After expiry of this period, any claims will be forfeited.
7. Flying Bag is not liable for indirect damages and consequential costs such as loss of business opportunities or expenses for substitute performance.
8. The special liability in relation to air travel is regulated under point XI, 3.
9. The client is liable for his own errors and omissions, in particular for all consequences arising from:
   • Packaging that does not meet the requirements of the agreed transport.
   • Incorrect, inaccurate or missing information in the order, on the packaging or on the goods themselves, in particular for goods which, due to their characteristics, are not accepted at all or only under special conditions, or the handling of which is subject to special regulations.
   • Failure to provide, or late provision of, the necessary documents.

XIII. Data protection

1. Flying Bag undertakes to comply with the Swiss provisions on data protection, to the extent that this does not conflict with other, e.g. international or foreign, legal provisions.
2. The Client gives his/her consent to the use, further processing and disclosure (also to third parties) of the transmitted data in connection with the execution of the booked service.

XIV. Final provisions

1. These GTC are subject to Swiss law.
2. Flying Bag reserves the right to amend the GTC at any time. The respective new version will be published on the homepage of Flying Bag in due time before coming into force.
3. If trade customs or legal regulations deviate from these GTC, the regulations in these GTC take precedence. Mandatory legal provisions remain reserved.
4. Place of jurisdiction is Zurich.

 

Zürich, May 2022