Ref : AVSB/WS/S/8
Date : 22nd September 2018
Airevicenna Sdn Bhd, a private limited company, aim to provide the Services (as hereinafter defined) known as Airebagasi to all customers to enhance customer travelling experience travelling in Malaysia, Singapore, Australia and Indonesia by 2019.
You are required to read these Terms & Conditions fully prior to using our Website and Services. Usage of the Services is governed by and subject to these Terms & Conditions. Once you have engaged our services you are deemed to have read and understood and have agreed to be bound by these Terms & Conditions.
These Terms and Conditions shall form part of the contract between us and Customer and can be accessed via our website (www.airebagasi.com) and our Services: (Please note that different Terms and Conditions may apply in certain situations)
The Services to be provided by us are limited to the collection, delivery, transportation and storage of Luggage which are provided upon and subject to these Terms and Conditions.
3.1 Customer Booking and Reservation System.
3.2 The price of our Services is as stated in our Price List on our Website and is enforced at the time of Customer Reservation. In case of any promotion, our prices may vary from our Price List, thereby we will confirm our final price through email. We reserve the right to change our prices at any time, but price changes will not affect existing Customer Reservations.
3.3 When Luggage is delivered to the Delivery Location, we will send Customer notification through email.
3.4 Unless otherwise indicated, the rates, charges, regulations, and service conditions published in these Terms and Conditions are applicable to the Services.
3.5 Rates and Terms and Conditions applying to the Services will be those in effect on the date of the Customer Reservation.
3.6 We reserve the right to revise and change these Terms and Conditions. These Terms and Conditions can be revised and changed at any time by posting the revised Terms and Conditions on the Website and are effective and applicable immediately to all Bookings made as of and from the effective date.
4.1 Customer booking through our website (www.airebagasi.com), or Our Location, or any partner hotel or travel agent is deemed to be an offer. The contract shall not be formed until the issuance of the Customer Reservation by us in the form of a confirmation email accepting such offer from the Customer.
4.2 Customer Bookings can be made directly to us or through our partner hotels or travel agents.
4.3 We reserve the right to refuse to provide the Services or reject a Customer Booking when, in our opinion, the provision of the Services would be likely to cause damage or delay to other luggage, equipment or personnel, or when the carriage or storage of the Luggage and/or its contents is prohibited by law or is in violation of any of the service conditions in this website, as amended from time to time.
5.1 Customer's right to cancel
5.2 Our right to cancel
6.1 The Customer contracts as the legal owner of Luggage or as the authorized agent of such legal owner in which case the Customer warrants that he has the authority to accept these Terms and Conditions on behalf of the legal owner.
6.2 Unless written instructions to the contrary are received from the Customer, we may sub-contract all or part of the Services.
6.3 Where all or part of a Customer Reservation is sub-contracted to a sea, air or rail carrier then our liability and that of any sub-contractor shall be limited and/or excluded in accordance with the conditions of carriage of that sub-contractor or as provided for by statute or international convention.
6.4 Where all or part of the Customer Reservation has been subcontracted as provided for in Clause 6.2 above, such sub-contractors shall have the benefit of these Terms and Conditions and shall be under no greater liability to the Customer than or in addition to that of us under these Terms and Conditions and the Customer hereby agrees that no claim shall be made against a sub-contractor in addition to or in excess of the limitations and/or exclusions of liability as set out in these Terms and Conditions.
7.1 The Customer shall, if requested, sign consignment notes and/or a document acknowledging receipt for the carriage and/or storage and the quantity and description of the Luggage for which the Services will be utilised to the extent this can be determined by visual inspection. The burden of proof in the event of dispute is the responsibility of the Customer.
7.2 We shall use our best endeavors to obtain a signed receipt of delivery of the Luggage from the Customer unless otherwise agreed with the Customer.
We only accept payment in advance for providing the Services which shall be made either by Paypal or such credit cards that are acceptable to us at Our Location. We do not accept cash payments.
9.1 When Customer hands over his Luggage to us and before we accept the Luggage, we retain the right to examine the Luggage by any means selected by us. If any Prohibited Items are detected, we have the right to request Customer to unlock and open the Luggage for detailed examination. If Customer refuses to comply with the above examination and/or request, Customer is deemed to have not accepted our Terms & Conditions and we have the right to decline the acceptance of Customer's Luggage and refuse to provide the Services.
9.2 Some amount of normal wear should be expected when Luggage is transported. Because of the automated systems used by transportation companies, Luggage may be scratched or nicked during handling. In no event shall Airevicenna be liable for such normal wear and tear to Luggage.
9.3 For reasons of safety and security, we reserve the right to search the Luggage in Customer's absence, for the purpose of determining whether the Customer is in possession of or whether the Luggage contains any unacceptable or prohibited items. The Customer hereby irrevocably and unconditionally agrees and authorises us to conduct such searches if we deem the same to be necessary at our discretion. If the Customer refuses to allow and/or authorise such searches, we reserve the right to refuse carriage of the Luggage without refund to the Customer of any payments already made to us and without any other liability to the Customer. In the event that a search causes damage to the Luggage, we shall not be liable for such damage unless the same is due to our fault or negligence.
9.4 Customer is required to ensure and verify, before handing over Luggage to us, that Luggage is properly closed and locked. We shall not be liable for any missing items or damage if the Luggage is not closed and locked properly.
9.5 If the size of the Luggage does not correspond with the size detailed in the Customer Reservation or Customer disagrees with any remarks done by our agents and/or employees to note specific and pre-existing details or damage to Customer's Luggage prior to using the Services, we reserve the right to decline to provide the Services to Customer. In such event, we shall refund any payment made by the Customer to us and shall not be responsible for any loss or damage or delay suffered by the Customer.
9.6 We will only transport the Luggage under Customer Reservation which has detailed Customer personal information. If Customer wishes to deliver two or more Luggage to different locations, Customer is required to make the requisite number of Customer Reservations corresponding with the number of locations. If the Order was reserved through Online Booking, Customer should identify under each Customer Reservation the number of Luggage for which the Customer wishes to use our services.
9.7 In case Customer is travelling as a group, each Customer Booking shall be made individually according to the ownership of the Luggage. We reserve the right to decline to provide the Service if there is no clear declaration of ownership and valid personal information provided.
9.8 Customer has a duty to declare the value of his Luggage to us by filling the provided form. Please note that valuables must not be stored in Luggage. Valuables include but are not limited to gold, jewelry, money, any form of cheques, travel/official/business/nondisclosure or any important documents or identifications, all portable electronic equipment, watches, mobile phone, computer notebook, laptop, camera, smartphone, digital devices (smart or otherwise) and any form of metal objects. If such items are stored in Luggage, we shall not be responsible for any loss or damage to the items. In addition, Prohibited Items which are not to be stored in Luggage also include but is not limited to, the following:-
This list is not exhaustive and we reserve the right to change the contents of the list at any time at our absolute discretion. We shall not be held liable for any and all loss or damage suffered by Customer for breach of this clause.
9.9 The Customer shall indemnify and save harmless Airevicenna from any and all loss and damage suffered by Airevicenna arising from the Customer’s breach of the provisions of this Clause 9.8.
9.10 Customer must ensure all contents of the Luggage have been packaged in a manner appropriate to the characterisations of the items and their transportation with suitable protective material encasing the items to prevent damage. The Luggage must be sufficient to hold the weight packed, in particular Customer must ensure handles and other elements are designed to withstand the packed weight. Luggage may be passing through automated systems including conveyor belts and should therefore be robust. Automated systems cannot adhere to orientation markings such as "this way up" or fragile stickers. Luggage may be stacked with other items or luggage. Musical instruments must be secured within a fitted hard case suitable for transportation. Sporting equipment such as golf clubs, bicycles, and skis should be placed in purpose made hard-shelled, fitted freight cases and secured therein, ensuring vulnerable areas are thoroughly protected.
9.11 Luggage may suffer damage in transit and where suitcases or bags are used to carry items such suitcases and bags should also be encased in a protective material to prevent damage. If a suitcase or bag is not suitably protected we shall not be liable for any damage whatsoever to such suitcase or bag. We shall have no liability for damage caused to protruding parts of Luggage such as wheels, straps, pockets, pull handles, hanger hooks or other items attached to Luggage. Where any items are not properly packaged and protected we shall have no liability for any loss and/or damage caused to the Luggage or for the loss and/or damage of any contents due to failure of the Luggage and/or packaging.
10.1 Subject to the , we shall provide our Services with the greatest care to ensure Customer's Luggage shall not be damaged during collection, delivery, storage, and transportation and to ensure Customer Luggage is delivered to the Delivery Location.
10.2 If we fail to deliver the Luggage to the Delivery Location due to events outside our control, we shall not refund Customer payment to Customer. If we fail to deliver the Luggage to the Delivery Location due to any fault on our part, we will do all things reasonably necessary to deliver Customer Luggage to Customer desired Delivery Location as stated in the Customer Reservation.
10.3 Our responsibility for the Luggage shall commence when we have taken physical control of the Luggage at the Collection Point.
10.4 Our responsibility for the Luggage shall end when we relinquish physical control of Luggage at the Delivery Location.
10.5 We shall not be responsible for loss and damage occurring to the Luggage during storage with us or during hotel's possession or storage of the Luggage.
10.6 We shall not be responsible for loss and damage of the Luggage or of any items contained therein which has occurred before Customer hands over the Luggage to us and after we hand over the Luggage to the Customer.
11.1 Subject to these Terms and Conditions we shall be liable for any loss suffered by the Customer up to the Maximum Amount due to delay exceeding 12 hours in the delivery of the Luggage arising from our negligence provided that the Customer submits the claim to us in accordance with the provisions of Clause 15 below.
11.2 If the Luggage cannot be delivered within 14 days after Scheduled Delivery Time, the Luggage is considered to be lost. We shall be liable for the loss of the Luggage up to and not exceeding the Maximum Amount per piece of Luggage, regardless of the value of the contents that has been lost.
11.3 We are liable for damage to Customer's Luggage up to the Maximum Amount which occurred due to our fault or negligence. The Customer must report any damage to us immediately after the Luggage has been delivered to the Delivery Location. Claims can be made in accordance with the provisions of Clause 15 below.
12.1 We shall be relieved of all liability if there is loss or damage to the Luggage or delay in providing the Services arising from the effect of:
13.1 In the case of loss or damage, we shall be responsible for the Luggage being lost. In case of damage, we shall only be responsible for the part of the Luggage that was damaged due to our fault. Customer hereby acknowledges and agrees that our liability herein is limited to and shall not exceed the Maximum Amount per piece of Luggage, regardless of the actual value of the Luggage or the contents which have been lost.
13.2 Our liability under this contract shall not, in any circumstances whatsoever, exceed the Maximum Amount.
13.3 Whether or not occurring in the normal course of business, we shall not be liable to the Customer for any indirect, special, or consequential loss such as opportunity and business losses.
14.1 Where the Customer has stored Luggage with us, if the Luggage has not been collected within the term for which temporary storage has been agreed on, we shall have right to store the Luggage elsewhere as well as collect additional payment for the additional storage period.
14.2 In case that Customer requests for us to keep the Luggage longer than the storage period agreed upon in the Customer Reservation, Customer shall be responsible to inform us of the intended storage extension period and the new collection date. During this extension period the Customer shall pay us such additional storage fees as set out on the Website.
All claims against us must be notified in writing to email@example.com within 6 hours from the Scheduled Delivery Time. We shall not be held responsible for any damage, loss or delay if the claim is sent more than 6 hours from the Scheduled Delivery Time.
16.1 Customer must be over 18 years of age to enter into a Contract with us. If Customer is not age-qualified, please do not use our services.
16.2 To use our services, we require Customer to provide Customer international passport at Collection Point and Pick-up Location for identification purposes. Customer will be asked to fill in Customer personal information in accordance with Customer national passport ID on our Luggage tagging at Collection Point.
16.3 Customer warrants that Customer is responsible for the Luggage and its contents; and that the Luggage does not contain the any of the items including the Prohibited Items set out in Clause 9.8 above.
16.4 Customer must adhere to Local and International Governing Laws, regulations, orders, demands and requirements for not having banned and illegal items in Customer Luggage. If Customer Luggage were destroyed or seized or confiscated by any regulatory or enforcement agency, we shall not be liable for any damage or loss suffered by the Customer.
16.5 The Customer shall be responsible and liable for all costs incurred arising from or due to any claims from any third party direct or indirectly involving Airevicenna caused by or related to the Luggage, its contents and the carriage or storage thereof by Airevicenna.
16.6 Customer must declare the estimated value of the Luggage and items contained in the Luggage. In particular, Customer must notify us well in advance, before the carriage and/or storage has taken place, whether Prohibited Items or items which we do not take responsibility for, as indicated in these Terms & Conditions, are contained in the Luggage.
16.8 Customer must abide by all other terms and conditions as indicated herein.
The Customer shall indemnify us against:
17.1 losses suffered by us arising from any negligent act, negligent omission, negligent misdirection or negligent misstatement by the Customer;
17.2 claims of any nature for loss or damage resulting from the carriage of the Prohibited Items or any other item set out in this Terms & Conditions where the Customer’s responsibilities have not been met;
17.3 claims and demands of any nature in respect of loss of or damage made by any Third Party additional to or in excess of the Maximum Amount;
17.4 any claims made or penalties imposed by the Commissioners of Customs and Excise in respect of dutiable goods;
17.5 claims and demands made by a Third Party attributable to lack of authority on the part of the Customer to enter into the Contract upon these Terms and Conditions.
18.1 In the event that we are unable for any reason beyond our reasonable control to deliver the Luggage in accordance with the Customer Reservation, we shall seek further instructions from the Customer by telephone and/or email. Additional charges for retaining the Luggage pending the arrival of such further instructions and for carrying out those instructions shall be chargeable to the Customer.
18.2 Subject to the provisions contained in Clause 18.2 (a) to (d) below, where:
the Customer hereby unconditionally agrees and authorizes us to sell or dispose of the Luggage including any items contained therein in any manner we deem fit. The proceeds of the sale or disposal (if any) shall be used to settle all costs of and charges for carriage and/or storage and/or sale or disposal of the Luggage and any other costs and expenses incidental thereto whereupon any balance remaining shall be refunded to the Customer. In the event that the proceeds of the sale of the Luggage and its contents are insufficient to cover the above said charges and/or expenses, the remaining amount left unsettled shall be deemed to be a debt due from the Customer to us and we reserve the right to claim all outstanding sums against the Customer in any manner available to us under the law including initiating legal proceedings in which event the Customer may be liable for all costs incurred thereat.
18.3 For the purposes of Clause 18.2 (d), we shall attempt to contact the Customer by telephone call to arrange for collection of the Luggage and if unsuccessful we shall issue an email to the Customer for the same purpose. In the event that we do not receive any response from the Customer within 30 days from the date of the email we shall proceed to dispose or sell the Luggage and deal with the proceeds obtained therefrom in the manner set out above. In the event of any delay in the delivery of Luggage to or collection by the Customer, the Customer hereby authorizes Airevicenna to sell any perishable items within the Luggage before their expiry date, without any further instruction from or notice to Customer. For this purpose, the Customer unconditionally and irrevocably authorizes Airevicenna to open the Luggage and remove the perishable items from the Luggage.
18.4 Pending the expiry of such periods of notice as aforesaid and of disposal of the Luggage and its contents under these provisions we shall at the expense of the Customer have authority to arrange proper storage of the Luggage. During such period of storage the goods will be held at “owner’s risk” and we shall not be liable for loss or damage of such Luggage and its contents howsoever caused.
18.5 In the event of a sale under this Clause we shall do what is reasonable to obtain the market value of the Luggage and its contents (subject to any unavoidable deterioration thereof). If the Luggage or its contents have no market value, then we may dispose of them subject to compliance with all legal requirements in force in respect of the same. We do not guarantee nor are we obligated in any way to obtain the maximum proceeds from the sale or disposal of the Luggage and its contents.
If any part of these Terms and Condition is not enforceable, this will not affect the enforceability of any other part.
All Terms and Conditions concluded by us shall be governed by the laws, regulations, orders, demands, requirements of Malaysia and the parties hereto submit to the jurisdiction of the courts of Malaysia. Any queries, complaints, or suggestions are welcome which can be sent to firstname.lastname@example.org