Terms & Conditions

SERVICE GENERAL CONDITIONS

1. PREMISES

1.1. The terms and conditions indicated below (“Service Conditions”) are drawn up by Lightravel S.r.l., with headquarters in Milan, via Valtellina 56, VAT number 13535960960, certified email address [email protected] (“Lightravel”). The Conditions of Service contain the regulations regarding the use of the services offered by Lightravel under the “Baggysitter” brand and access to the website www.baggysitter.com (“Site”) which allows users to access and book the services offered by Lightravel (“Users”).

1.2. Please read these terms and conditions carefully before accepting them.

1.3. The use of the services offered by Lightravel entails the automatic acceptance by the Users of these Conditions of Service which govern the use of the same and must be, necessarily and explicitly, accepted in advance.

1.4. Lightravel may modify these Conditions of Service periodically, if this is justified in order to comply with emerging legislative needs, implement organizational changes aimed at improving the service or prevent the recurrence of incorrect conduct by users when these have not already been regulated by these Conditions of the Service or in respect of which the discipline already envisaged has proven ineffective for their prevention.

2. DESCRIPTION OF SERVICES

2.1. Lightravel offers, through its Site or application, a Luggage transport and storage service (as defined below) with collection and relative delivery or delivery to the place indicated by the User (“Service”).

3. PURPOSE OF THE DEPOSIT

3.1. The User may deliver and deposit to Lightravel luggage and/or any packages and/or parcels (hereinafter “Baggage” or “Baggage”) for which there are no transport prohibitions and in compliance with the provisions regarding the content permitted therein , as regulated in the following points of the Conditions of Service.

3.2. Baggage must respect the limits and exclusions referred to in the art. 16.

4. USER STATUS

4.1. By using or registering with Baggysitter (by Lightravel), whether via the Site or Application, the User expressly declares: – to be of age; – to have the capacity to act and to be able to conclude legally binding contracts; – to have read, understood and accepted the Conditions of Service, as well as to have read, understood and accepted the conditions relating to privacy legislation and the processing of personal data, which can be found on the conditions page.

4.2. Users are solely responsible for their own connections and equipment, including the costs inherent therein, necessary for access to the Internet, as well as for the use of the website and/or application and the Service.

5. RESERVATION

5.1. Booking constitutes the process by which the User, via the Site or Application, sends a request to Lightravel detailing how to use the Service. The booking process takes place according to the process indicated below.

5.2. The user indicates the date on which he intends to use the Service.

5.3. The User enters the place where he intends the Luggage to be collected by indicating the address of interest among those possible in the drop-down menu.

5.4. To proceed with the booking it is necessary to enter the data relating to the number of bags to be entrusted to the Service and their dimensions.

5.5. Subsequently, after having also defined the place of delivery and the number of Luggage, the User proceeds to check the availability of the Service for the day of interest (in case of collection at a specific address, the user also chooses the time slot for collection among those automatically indicated by the Site or Application) and to book the slot.

6. PAYMENT METHODS

6.1. Once the registration and booking procedures for the Service have been completed, in order to finalize the purchase it will be necessary to indicate a payment method among those provided (by way of example but not limited to, payments can be made by credit card). In the case of payment by credit card, the User must enter the card details (if not already entered previously) and indicate whether an invoice is required. In the case of an invoice request, the User must enter all the data necessary for correct invoicing.

7. CONFIRMATION OF THE RESERVATION

7.1. The service is considered booked only once the payment has been correctly made and the booking confirmation email has been received at the email address connected to the User Profile (“Booking Confirmation”).

7.2. Upon Booking Confirmation the user will receive an email with a unique service number [order ID].

7.3. The Booking Confirmation received via email address contains the summary of the booking which indicates the main information relating to the booking (number of Baggage, place and date of delivery, booked time slot, ID order number).

8. LUGGAGE DELIVERY METHODS

8.1. Once the entire booking procedure has been completed correctly and the Booking Confirmation has been received via email, – in the IN phase, i.e. requesting the collection service from an entry point into the city and arrival point at the accommodation facility: a) for customers staying in an hotel i) the customer will be able to leave their luggage at the deposit located at the entry point into the city; ii) the warehouse staff will tag the suitcases with an adhesive tag that identifies the baggage and a security tag; iii) the luggage will then be delivered to the hotel reception. b) for customers staying in a B&B: i) the customer will be able to leave their luggage at the deposit located at the entry point into the city; ii) the warehouse staff will tag the suitcases with an adhesive tag that identifies the baggage and a security tag; iii) the customer is required to present himself at the delivery point at least 10 minutes before the established time and wait for the Lightravel employee; the driver will contact the customer 30 minutes before delivery by using Whatsapp; iv) upon delivery of the Baggage, the Lightravel employee hand delivers the baggage to the customer who shows the unique ID order number and other booking data in order to compare them with the adhesive band on the baggage itself; v) the driver is required to wait for the customer’s arrival no later than 10 minutes from the delivery time. – in the OUT phase, i.e. requesting the collection service from an accommodation facility and delivery service at the exit point from the city: a) for customers staying in an hotel: i) the customer can leave their luggage at reception; ii) at the reception the user could find an adhesive band to uniquely label the Baggage or he will leave his booking info adherent to his/her Baggage; iii) upon collection of the Baggage, the Lightravel employee affixes a security band and notes the unique booking code present on the suitcase. b) for customers staying in a B&B: i) the customer is required to present himself at the collection point at least 10 minutes before the established time and wait for the Lightravel employee; the driver will contact the customer 30 minutes before delivery; ii) upon collection of the Baggage, the Lightravel employee confirms receipt of the Baggage by transcribing/scanning the unique service number and applies a specific security band and one for baggage recognition, linking it to the user’s information; iii) the driver is required to wait for the customer’s arrival within 10 minutes of the delivery time.

8.2. In any case, the Lightravel employee will also, in the event of the presence of obvious damage to the Baggage(s), document it through photographic evidence.

9. WITHDRAWAL

9.1. The collection of the entrusted Baggage takes place at the pre-established storage point and specifically indicated at the time of booking.

9.2. The service is active between 8:30 and 19:00.

9.3. Lightravel is never responsible in the event of loss of flights or trains, goodwill, earnings, market profits, reputation, customers, use, opportunities, nor in any case for any indirect, accidental damage or loss.

9.4. Upon collection, the user is obliged to verify the integrity of the seal affixed at the time of delivery and report any damage and/or tampering.

10. COMPLIANCE OF THE BAGGAGE AND STATUS OF THE SAME

10.1. Upon delivery of the Baggage to the employee, the latter verifies that the dimensions comply with what was declared and booked by the User.

10.2. In the event of discrepancies in dimensions, the employee contacts the Lightravel Assistance number and proceeds to charge the user a penalty in accordance with the price difference between the price paid and the actual price as defined in paragraph 7.2 plus a penalty of additional 15 euros and/or to refuse delivery where the dimensions exceed the space available for transport.

10.3. To guarantee the good condition of the Baggage at the time of collection, the employee present at the time of delivery is authorized to scan it using photographs in the event of obvious damage.

10.4. These scans using photographs will also be useful to identify, at the time of collection, any damage that may arise from the transport and transfer of the same and will be kept for 7 (seven) days, equal to the time needed for the User to be able to activate the complaint procedure for damage.

11. TRANSPORT AND STORAGE CONTRACT AT THE WAREHOUSES

11.1. Although not expressly provided for in these Conditions of Service, in relation to transport and storage at the Lightravel service depots, the provisions of the law of the Italian State apply exclusively and, specifically, the legislation relating to the transport and storage contract. storage of goods.

11.2. It is understood that – the rules of the transport contract apply during the phase in which the Luggage is transferred to the place of storage at the Lightravel service depots: – the regulations of the storage contract apply when the Baggage arrives at the Lightravel Deposits and is stored until it is collected by the User. Lightravel Warehouses means warehouses and/or other delivery points managed by Lightravel directly or indirectly through sub-warehouses and/or other suppliers. The User acknowledges that, according to the Conditions of Service, Lightravel may sub-deposit the Baggage collected, without prejudice to its responsibility towards the User.

12. LUGGAGE CONTENTS AND GUARANTEES: PROHIBITED ITEMS

12.1. The User guarantees that the content of the Luggage that he entrusts to the Service complies with the provisions of these Conditions of Service and, specifically, Lightravel is not responsible in the case of entrustment of Luggage containing goods for which the Service is not permitted.

12.2. The use of the Service is never permitted in the case of Luggage containing: – firearms, bombs, armaments, ammunition and their parts; – explosives, fireworks and other articles of an incendiary or flammable nature; – military items; – Live plants and/or animals, including insects and pets; – human corpses, organs or body parts, human or animal embryos, cremated or exhumed human remains; – animal carcasses, dead or stuffed animals; – perishable foodstuffs and foodstuffs and beverages requiring refrigeration or other environmental control; – money, including but not limited to, cash and equivalents such as negotiable securities, endorsed shares, bonds and letters of transfer of funds, coins and collector’s stamps; – gold, jewels, gems, diamonds, watches and precious goods in general or of particular value; – Hazardous waste; – flammable liquids; – drugs, narcotic substances and psychotropic substances, including those for recreational or medical use; – tobacco and tobacco derivatives; – art objects, antiques, fine textiles and carpets; – fragile objects, such as glass, bottles, etc.

12.3. Lightravel is never responsible in the event of damage resulting from the transport of such prohibited goods and reserves the right to take legal action for compensation for any damage resulting from failure to comply with the provisions regarding the content of prohibited Baggage.

12.4. The User guarantees that the Baggage and its contents are its own property and its possession does not derive from theft, misappropriation or violent theft, relieving Lightravel from any civil and/or criminal liability deriving from the false declaration regarding ownership and availability. of the same.

13. INSPECTION FACULTY

13.1. To verify compliance with the prohibitions referred to in article 13 above, Lightravel reserves the right to carry out inspections to verify the content.

13.2. In the case of inspection, the seal and/or any locks may be removed, unless the User is notified of the inspection and the affixing of a new seal.

13.3. All inspection procedures will be carried out respecting the User’s confidentiality and video-recorded, to guarantee the contents of the Baggage, starting from the moment the seal is opened and until the moment the new seal is re-affixed.

13.4. The video recordings of the inspection will be shown to the User at the time of collection of the Baggage, if the same expressly requests it, and in the event that no complaints arise they will be destroyed within 3 (three) days from the moment of acceptance of the redelivery of Baggage. In the event of a complaint, these recordings will be used until the complaint is completely resolved.

13.5. In any case, inspections by the police are permitted, without any right to intervene on the part of Lightravel, which is expressly indemnified from any problem and/or damage and/or consequence that may arise from it.

14. USER OBLIGATIONS

14.1. The User undertakes to: – do not provide false information and personal details; – use the Service only for Baggage, and related contents, which are your own and whose possession does not result from theft and/or misappropriation or violent theft; – strictly comply with the conditions and terms of these Terms of Service; – pack the contents of the Baggage correctly in order to be protected against ordinary transport and storage risks; – do not rely on Lightravel in the event that the Luggage suffers minimal damage/wear (e.g. small scratches) in relation to the ordinary risks of the transport and storage service; – ensure that the contents of the Baggage do not damage other Baggage transported and stored by Lightravel; – comply with the provisions regarding the goods allowed in the Baggage, referred to in the previous articles 12-13; – respect the scheduled delivery and collection times.

15. STOCK DUE TO FAILURE TO COLLECT

15.1. In the event that the Baggage entrusted by the User is not collected on the chosen day, Lightravel will mark the Baggage as “in stock”.

15.2. When the Baggage goes into storage, the return times for it are not guaranteed, with express derogation from the provisions of article 13 – Collection, which the User accepts.

15.3. For each Baggage in “storage”, Lightravel will be authorized to charge the User on a daily basis a storage cost in addition to the cost paid for the Service and equal to a penalty of €15.00 (fifteen/00) for a small and large suitcase , €25.00 (twenty-five/00) for an OoF suitcase for each day or fraction of a day of delay.

15.4. The maximum storage allowed is 7 (seven) days.

15.5. After 7 (seven) days the Luggage will be transferred to a different warehouse and collection can only take place by prior appointment with Lightravel (to be fixed by sending an email to [email protected]) in order to agree on the day and time of collection, subject to the application of storage costs and penalties referred to in art. 17.3.

15.6. After 7 (seven) days, invoicing will no longer take place per day, but rather per week, with advance payment on the first day of the new week, with the storage costs indicated in the previous points.

15.7. If the User does not pay the increases due to the storage period, Lightravel will not be able to return the entrusted Baggage, continuing to charge the storage costs. 15.8. If a month has passed without the User having collected the Baggage, Lightravel is authorized to dispose of it and its contents, without the possibility for the User to recover it and/or make any claim on the Baggage and its contents.

16. RESPONSIBILITY FOR DAMAGES ARISING FROM USERS

16.1. If the User causes damage to Lightravel and/or other users resulting from their behavior, or from the Baggage and/or its contents, Lightravel will avail itself of the right to take action against the User for compensation for any direct damage and indirect.

17. RESPONSIBILITY FOR DAMAGES ARISING FROM THE SERVICE

17.1. Except in the case of willful misconduct and gross negligence, Lightravel assumes no responsibility for damage to people, animals and/or things resulting from the use of the Service.

17.2. By “damage” we expressly mean any obvious alteration to the Baggage such as to totally invalidate its usefulness and/or functionality (for a purely indicative and non-exhaustive purpose, damage to a wheel such that the Baggage can no longer be towed, etc. .), or any damage directly attributable to clumsy and careless handling of the Baggage.

17.3. In the event of damage and/or damage to the Baggage correctly delivered to Lightravel (where correctly delivered specifically means that the Baggage and its contents comply with the terms and conditions of use set out therein), the compensation will in any case be limited to damages directly attributable to Lightravel and, in any case, for the maximum amount of €100.00 (one hundred/00).

18. OPENING OF CLAIMS AND COMPENSATION OF DAMAGES

18.1. Upon returning the Baggage to the User, the User is required to verify the integrity of the Baggage and the seal affixed, immediately reporting any irregularities and/or discrepancies.

18.2. In the event that the User finds any irregularity, he can report it by communicating it to the warehouse attendant, specifically indicating the problem encountered. If the faults and/or defects are not immediately identifiable, or can only be verified following the opening of the Baggage, the user is required to report this problem within a maximum of 7 (seven) working days, attaching all the supporting evidence. useful to correctly identify the type of defect and its causes, by sending an email to [email protected].

18.3. Following the report, a complaint procedure will be opened with the assignment of a ticket number to which to refer for carrying out the complaint procedure.

18.4. The Lightravel complaints service staff will verify all the elements provided and, in the event that they find the actual existence of a defect and/or a discrepancy and/or damage to the Baggage, they will contact the user to start the compensation procedures of the damage.

18.5. If the elements put forward in support of the request are insufficient to prove the existence and responsibility of the damage and/or defect complained of, and if the correct documentary integration is not provided, the procedure will be irrevocably archived.

19. MANDATORY INSURANCE

19.1. The cost of insurance against damages and/or accidents is included in the cost of the Service offered by Lightravel, as an additional service and to guarantee the User. It is possible for the costumer to choose, during the booking process, a premium insurance supplied by Lightravel.

20. RIGHT OF WITHDRAWAL AND CANCELLATION OF THE RESERVATION

20.1. The User acknowledges that the Service booked and purchased via the Site or Application consists of free time activities with a specific date or period of execution, therefore, pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded ( so-called right of repentance) from the Services booked.

20.2. Without prejudice to the provisions of the previous point 23.1, the User who no longer intends to use the Service once the booking has been made, may withdraw from the Service free of charge by canceling it without any cost until midnight of 2 days before the day scheduled for delivery, by contacting Customer Service [infocontact@baggysitter.com].

20.3. If the User cancels the reservation after the above date or does not show up at the booked place and time, the entire cost of the agreed and accepted Service will be charged.

21. ASSISTANCE

21.1. For any problems relating to the Service, the User will be required to contact customer service at the appropriate email address [infocontact@baggysitter.com]

22. INDEMNIFICATION

22.1. The User undertakes to indemnify Lightravel (as well as any companies controlled or affiliated by the same, its representatives, directors, agents, licensors, partners and employees) from any obligation or liability, including any legal costs incurred to defend themselves in court , which may arise due to damage caused to other users or third parties in relation to the violation of the terms of the law or the terms of these Terms of Service.

23. DISCLAIMER OF LIABILITY

23.1. Lightravel will never be responsible for loss of flights or trains, goodwill, earnings, profit, market, reputation, customers, use, opportunities, or in any case for any indirect, accidental, special or consequential circumstances, including, without limitation, in cases of termination of contract, negligence, willful misconduct or default.

23.2. Lightravel will never be responsible for failure to fulfill its obligations in the event of unforeseeable and avoidable circumstances, such as (by way of example but not limited to): natural events including earthquakes, cyclones, storms, floods, fires, diseases, snow or frost; force majeure events including (with a merely illustrative and non-exhaustive list) wars, accidents, terrorist acts, strikes, embargoes, local disputes or popular uprisings; national or local disruptions in land transportation networks and mechanical problems with modes of transportation or machinery; latent or intrinsic defects in the contents of the shipment; third party criminal acts such as theft, robbery and arson; acts or omissions attributable to the user or third parties; acts or omissions attributable to a public official; contents of the shipment consisting of items that are prohibited goods under the law or this contract, even if Lightravel had accepted the transport and/or storage in error.

24. USE LICENSE

24.1. The use of material from the website and application for commercial purposes without obtaining express written authorization from Lightravel is expressly prohibited.

24.2. The website may not be used and no part of it may be reproduced or stored in any other website nor may it be inserted into any system or service, public or private, for the electronic retrieval of information without the prior express written authorization of Lightravel.

24.3. Rights not explicitly granted in this website and application are reserved.

24.4. Users, however, cannot: – copy, store, modify, change, prepare derivative works of, or alter in any way any of the content/services provided by Lightravel; – use any robot, spider, site search/retrieval application, or any other automatic device, process or means to access, retrieve, scrape or index any portion of the Site and/Application or their contents; – defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights (such as the right to privacy and publicity) of others; – disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content.

25. COMMUNICATIONS

25.1. All communications relating to Lightravel should be sent using the contact information provided.

25.2. The User accepts that communication with Lightravel occurs primarily electronically.

25.3. The User is contacted via notifications by e-mail, text message or information is provided by publishing warning posts on the website. For contractual purposes, the User accepts these electronic methods of communication and acknowledges that all contracts, notices, information and other communications provided electronically by Lightravel comply with the legal requirement of being in writing.

26. COPYRIGHT

26.1. All trademarks owned by Lightravel, figurative or nominative, and all other signs, trade names, service marks, word marks, de facto marks, trade names, illustrations, images, logos appearing relating to Lightravel are and remain the exclusive property of Lightravel or its licensors and are protected by applicable trademark laws and relevant international treaties.

26.2. The Lightravel services, which include any necessary software used in connection therewith, contain proprietary and confidential information, protected by applicable intellectual and/or industrial property and other laws.

26.3. The contents included in the advertisements or the information presented to the User through the Lightravel services may be protected by laws regarding copyright, trademarks, service marks, patents or other intellectual and/or industrial property rights.

26.4. Except as expressly permitted by applicable law or as expressly authorized by Lightravel or its licensor (for example, an advertiser), you agree not to use, distribute, reproduce, adapt, publish, translate, create derivative works of, rent, view, publicly perform or publicly display the Lightravel Services and User Content or Software.

27. PRIVACY AND COOKIES

27.1. The processing of personal data acquired by Lightravel and the management of cookies are respectively regulated in the privacy policy and cookie policy available on the website www.baggysitter.com.

27.2. In any case, pursuant to art. 13 of EU Regulation no. 679/2016, we inform you that the processing of data will be based on the principles of correctness, lawfulness and transparency and in particular: – the processing to which the data will be subjected will be carried out by Lightravel, as data controller, pursuant to current legislation exclusively for the purposes related to the execution of this contract; – the data will not be disclosed or transferred to third parties and, subject to the User’s consent, may be processed by Lightravel also for the sending, in paper or electronic form, of information material of a commercial nature; – each party declares and guarantees that its procedures and activities carried out pursuant to this contract will comply with the applicable rules on the protection of personal data and application of the relevant security measures, exempting the other party from any liability in this regard.

28. CHANGES TO THESE TERMS AND CONDITIONS

28.1. Lightravel reserves the right to make changes to these Terms of Service at any time in accordance with the provisions of the previous article 1.4, giving notice to the User through its publication on the Site and the application.

28.2. The changes to these Conditions of Service will be applied ratione temporis to individual Users, the facts occurring and the legal relationships concluded before the entry into force of the new conditions will be entirely regulated by the previous version, always available upon request.

28.3. However, it is recommended that you print a copy of the Terms of Service for future reference.

28.4. The Italian language version of the Conditions of Service (present and subsequently modified) represents the only version contractually binding for the parties.

28.5. The User who continues to use the Site and the Application, as well as the Service offered by Lightravel after the publication of the changes, must accept the new conditions without reservation.

29. STORAGE OF THE TERMS OF SERVICE

29.1. A copy of these Terms of Service will be archived on the site, for free consultation by the User. The User can also download the Conditions of Service from the Site at the following link www.baggysitter.com.

30. NULLITY

30.1. In the event that any provision of these Terms of Service is invalid, becomes invalid, or becomes non-binding, you will continue to comply with all other provisions set forth herein. In this case Lightravel will replace the aforementioned clause with a clause that is valid and binding, which has an effect as similar as possible to the replaced one and which the user undertakes to accept in compliance with the contents and purposes of this regulation.

31. APPLICABLE LAW AND JURISDICTION

31.1. This contract is regulated by the Italian law.

31.2. The parties expressly establish that the jurisdiction to decide in the event of a dispute arising is deferred exclusively to the Court of the place where the consumer resides or has elected domicile, if located in Italian territory. In all other cases the competent court is that of the Court of Milan. Pursuant to and for the purposes of art. 1341 c.c. the User declares to specifically approve in writing the following clauses: 10.2. Compliance of the baggage and its condition; 15. Stock due to failure to collect; 17. Responsability for damages arising from the service; 20. Right of withdrawal and cancellation of reservation; 25. Exclusion from liability; 31.2. Applicable Law and Competent Court.

Baggysitter,

Lightravel srl