Please read carefully the following terms and conditions of service of BAG FRIENDS, SL (hereafter “BF”), residing in PG. Sant Joan, 6 – 08010, Barcelona and keep in mind that the information contained in this document may be subject to change.
1. BF is engaged in baggage custody and transportation. In particular, BF collects and ships the customer’s luggage from his/her hotel to the city airport deposit indicated in the booking order of the Kiss My Bag service (hereafter “KMBS” or “Service”). Please see section “HOW THE “KISS MY BAG” SERVICE WORKS” below for further details in this regard.
2. BF Service is not affiliated with transport companies, airport’s consignment or lockers service, terminal managers or travel agencies. Nevertheless, if specific agreements are made, BF may submit its Service to the requirements and needs of companies involved.
3. The KMBS is not provided for any luggage which is longer that 2.5 meters and/or heavier than 35 kilos.
4. By using the KMBS and therefore executing this contract, the customer is agreeing, not only with the terms and conditions of the Service, but also with the time and place of the luggage pick up.
5. BF reserves the right to refuse any Service. BF also reserves the right to limit or prohibit orders that, in its sole discretion, appear to have been made by resellers or distributors. In its sole discretion, BF could also suspend and/or interrupt the KMBS, in whole or in part for indefinite periods of time.
6. BF has the ability or power to reject any object/luggage that may be considered dangerous, unsafe, inappropriate due to weight, dimensions, fragility, shape or organic or perishable nature.
7. BF dismisses guarding or moving objects that are outside the laws, regulations and orders of Spain.
8. BF reserves the right to request the lawful authority to search or x-ray any baggage in order to ensure it is safe and legal.
9. The customer will be solely responsible for objects in his/her luggage such as money, checkbooks, credit cards, jewelry, precious metals, mobile phones, cameras, personal electronic devices, computers, medicines, watches, glasses/sunglasses, tobacco, and other valuable objects, as well as works of art. BF therefore suggests not leaving anything precious in the luggage.
10. The customer declares that he/she does not transport hazardous materials or objects for example, but not limited to, material or objects belonging to the list below:
a. Firearms;
b. Laundry detergent;
c. Money, cash, bank bills, coins, currency, paper money and negotiable instruments equivalent to cash, such as endorsed stocks, bonds, drafts and cash letters;
d. Collectible coins and stamps;
e. Postage stamps;
f. All live animals and live Poultry;
g. Live insects;
h. Animal carcasses;
i. Human corpses, human organs or body parts, human and animal embryos, or cremated or disinterred human remains;
j. Shipments or commodities that are prohibited by applicable local, state or federal law or require BF to obtain a local, state or federal license for their transportation;
k. Shipments that may cause damage or delay to equipment, personnel or other shipments;
l. Lottery tickets and gambling devices where prohibited by local, state, federal, provincial or national law;
m. Hazardous waste, including, but not limited to, used hypodermic needles or syringes, or other medical waste;
n. Packages that are wet or leaking;
o. Pornographic and/or obscene material which is prohibited by law;
p. Biological Products;
q. Etiologic agents;
r. Titles, deeds, acts, actions and / or valuable papers of any kind;
s. Household Waste, Industrial Garbage;
t. Liquids, in bulk, requiring special tank truck equipment;
u. Nitrocellulose (Except UN3270);
v. Revenue or Tax Stamps;
w. Perishable foodstuffs and foods and beverages requiring refrigeration or other environmental control;
x. Freight requiring refrigeration or protection from heat, excluding shipments protected by the consignor;
y. Carbon Black or fine powder particles demonstrating similar characteristics to Carbon Black;
z. Fresh Foods: including Milk, Cream Vegetables, Fruits, and Meat;
aa. Articles of extraordinary value (extraordinary value is defined as items valued in excess of 50,00 (fifty) Euros per 0,4 Kg per package);
bb. Artwork, including any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes, but is not limited to, items (and their parts) such as paintings, drawings, vases, tapestries, limited-edition prints, fine art, statuary, sculpture and collector’s items;
cc. Any commodity that by its inherent nature is particularly susceptible to damage or the market value of which is particularly variable or difficult to ascertain;
dd. Antiques or any commodity that exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include, but are not limited to, furniture, tableware, glassware;
ee. Museum exhibits;
ff. Collector’s items such as sports cards, souvenirs and memorabilia;
gg. Jewelry, including, but not limited to mounted gems or stones (precious or semiprecious), industrial diamonds, and jewelry made of precious metal;
hh. Furs and fur pelts;
ii. Precious metals, including, but not limited to, gold and silver bullion or dust, precipitates or platinum (except as an integral part of electronic machinery);
jj. Stocks, bonds, cash letters or cash equivalents, including, but not limited to, food stamps, postage stamps (not collectible), traveler’s checks, lottery tickets, money orders, gift cards and gift certificates, prepaid calling cards (excluding those that require a code for activation), bond coupons, and bearer bonds;
kk. Any item otherwise prohibited by federal, state or local law, rule or regulation).
11. BF is not liable for delay of, loss of or damage to a shipment of any prohibited item. The customer agrees to indemnify BF for any and all costs, fees and expenses BF incurs as a result of the customer’s violation of any local, state or federal laws or regulations or from tendering any prohibited item.
12. BF will report to the customs authorities any luggage that is or seems to be potentially dangerous or illegal.
13. BF states that it will not open any luggage under any circumstances, save for in case of force majeure and under the requirement of the customs authorities for inspection; in this case, the customer’s data will be provided as a means of identification and BF will attend only as a witness of a possible official inspection operation.
14. The customer is responsible for handing over luggage to BF properly closed with a padlock or an alternative lock. BF does not take any responsibility or liability for any luggage whose integrity cannot be guaranteed by not being closed properly, found to be broken, for having broken locks, being at risk of accidental opening or loss of part of the content. The customer however knows that locks could be broken for any possible inspection of the contents of the luggage by the customs (or any other authorised) authorities.
15. BF declares to be totally unaware of the baggage content; hence it is not responsible for any loss or damage to the objects inside it.
16. BF states that the luggage in the company’s custody will remain constantly guarded during the KMBS and it will not be left in any place without surveillance, save for deposit of the luggage in the hotel where it is picked up and for the authorized deposit service in the airport (of which the customer accepts relevant rules (http://www.consigna.cat/docs/legals_en_bcn.pdf); the cost of such deposit is already included in the KMBS if the pick up occurs before 10 P.M.
17. If the customer does not pick up his / her suitcase at the airport consignment (T1) before 10 P.M. of the day chosen for delivery, he/she will be subject to the rates applied by the deposit in the Airport (i.e. Excess Baggage España SL), to be settled in cash when the luggage is picked up.
18. The customer guarantees that information and data provided are accurate and true. In case of error in such information or data, the customer shall bear the costs accrued.
19. The customer has to mandatorily show his/her receipt documents when picking up the luggage at the airport.
20. To ensure quality of Service and safety, BF (or the deposit responsible) may request the costumer’s ID or passport when depositing or picking up the luggage.
21. At the baggage claim, the customer must sign in order to certify his/her agreement with the delivery, thereby waiving any subsequent claims.
22. Any luggage that is not withdrawn within 2 PM the day following the day indicated in the order of the Service will be considered unclaimed or abandoned. In this case, the customer can contact BF through email: baggageclaims@kissmybag.eu, to define how to recover the packages not collected. Delivery costs will be borne by the customer as well as all expenses sustained by BF directly related to the non-withdrawal of his/her luggage.
23. In the event of abandoned luggage, it will be transferred and kept by BF in its facilities located in Barcelona.
24. During the following 72 hours after abandonment, BF will try to do its best to reach the customer, within its capabilities and with the information provided by the customer him/her self. BF has however no obligation to contact the customer who has not collected his/her luggage at the time agreed.
25. In case of abandoned luggage, BF will keep the luggage for a maximum period of 30 days with an extra charge of luggage custody and storage for the customer of Euro 10 per day with a maximum of Euro 300. After this period without the customer having collected the luggage or given instructions on how to dispose of the luggage, BF shall have the right to give to the luggage to the public lost and found service or, if not possible, to dispose it, donate it or destroy it as it is stated by applicable regulations. In addition, BF may claim against the customer for the total costs owed by the customer due to transport and storage. In said cases, BF shall be harmless from any third party claims that hold any right over the luggage or merchandise.
26. In case of abandonment, BF reserves the right to send the luggage according to the availability of the shipping agencies; provided that the customer has paid the cost of the shipment (and extra charge for the deposit) and has provided the necessary documentation for the customs clearance.
27. In case of total or partial loss of baggage by BF, also due to BF’s poor management, the customer will be compensated up to a maximum of Euro 200 per piece of luggage.
28. In case of breakage of the suitcase, the customer must provide the purchase invoice of the same. In case of structural breakage of the suitcase due to poor management of BF, the customer will be compensated with up to a maximum of Euro 120 /suitcase. BF will only accept claims submitted prior to leave the deposit area at the airport after collection of the luggage. The handles or wheels are exempt of claim and therefore breakage of the same, even for due to poor management of BF, won’t be compensated.
29. BF will not be liable for loss, damage or delay caused by events beyond its control, including but not limited to acts of god, war or civil unrest, or acts of government. In particular, if there is any delay due to any of the causes listed below, BF is not responsible. Whatever the reason for the delay included in the following may not be subject to compensation, claim or refund of the cost of the Service:
i. Shipments in remote areas, far from the city, main road communications, in areas of difficult access, road deficit, etc. which are populations of less than 15,000 inhabitants registered or registered, or any destination that is more than 40 km from the headquarters or sub-branch of the transport agency;
ii. The incorrect packaging, defective, or absence thereof;
iii. Lack of accurate data for collection or delivery;
iv. Lack of payment of the amount owed, lack of collection by the recipient in the expected period, lack of adaptation to the control of measures and contracted weight;
v. Natural disasters: snowfalls, extremely strong winds, earthquakes, etc. that prevent the efficient communication of the transports by the routes that are opportune;
vi. In areas of the journey in which punctual events, strikes, demonstrations, etc. take place;
vii. Areas exposed to nuclear accidents, wars, nuclear, gas, oil pollution, or conflicts between countries, or preconflicts, state of emergency, etc.
viii. Delay caused by force majeure or acts of God.
Deliveries of baggage that need to be subject to customs controls may suffer alterations and delays that will affect transit times.
30. The prices of the KMBS are subject to change without prior notice; however, once the order is placed, the price of the KMBS will be the one notified to the customer and won’t change during the KMBS, except if during KMBS there is an increase in costs due to cause not attributable to BF.
31. BF reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without prior notice. In particular, BF may, at its sole discretion, limit or cancel the quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and / or orders using the same email. In the event that BF makes a change or cancel an order, it shall notify it via e-mail and / or phone number provided at the time the order was placed.
32. The customer’s use or inability to use the Service is at the customer’s own risk. The Service and all products and services delivered through the Service are (unless specified by BF) provided "as is" and "available" for use, without any representation, warranty or condition of any kind, whether express or implied, including all implied warranties or conditions of merchantability, commercial quality, suitability for a particular purpose, durability, title and non-infringement.
33. BF reserves the right to limit the quantities of any part of the KMBS it offers. All descriptions of the Service or Service prices are subject to change at any time and without prior notice, at BF’s sole discretion.
34. BF does not guarantee that the quality of any product, Service, information or other material purchased or obtained by the customer will meet the customer’s expectations, or that any error in the Service will be corrected.
KMBS is a service of pick-up of baggage from a selected place (hotel or resort), delivery to a selected airport and secure storage in a safe and security guarded area in the airport.
Once the customer is registered in BF’s web directly (or indirectly by a reseller) he/she can access with provided email and password through the webpage www.kissmybag.eu.
Once the customer enters in his/her personal area can buy the KMBS following few simple steps:
i. Select the Country, City, Place (Hotels or other active places) where he/she wants to use the KMBS. If the selected Country, City or Place is not available for the KMBS, the customer will not be allowed to buy the KMBS itself;
ii. Select the Airport where the customer wants to withdraw the baggage before his/her departure date;
iii. Indicate the Number of baggage(s) he/she wants to be picked-up at the selected Place;
iv. Choose the Date on which he/she wants to use the KMBS. The customer accepts that this date represents the Date on which the baggage will be picked up at the selected Place and the date on which his/her baggage will be withdrawn at the selected Airport. The customer understands and agrees that he/she will not be allowed to withdraw the baggage before 2 P.M. of this selected Date.
v. Indicate if one or more of her/his baggage is more than 15Kg of weight (optional);
vi. Pay the KMBS the Price - published on BF website which appears when the KMBS is booked - with credit or debit card; the total Price shall depend, amongst others, on the total number of baggage selected. It is under the customer ‘s responsibility to register one label for each baggage. Following payment for the KMBS and up to the earlier of (a) 10 A.M. of two days before the original Date or (b) registration of the label codes, the customer still has the possibility to amend any and all the provided data (Country, City, Place, Airport, Number of baggage(s) and Date), by contacting BF via email at info@kissmybag.eu. Any changes required after the above deadlines will be ignored.
vii. Following the payment for the KMBS, the customer must register the code of 6 (six) letters/numbers clearly printed on the label provided by the hotel /resort. In particular, the label is provided for free at the reception desk of the selected Place. The customer can register the label(s) pushing the “activate labels” button in his/her personal area of the webpage www.kissmybag.eu/orders.php. PLEASE NOTE THAT THE 6 LETTERS/NUMBERS CODE OF THE LABEL HAS TO BE REGISTERED ON BF WEBSITE, PERSONAL AREA, WHENEVER THE CUSTOMER PREFERS, BUT IN ANY EVENT BEFORE10 A.M. OF THE DATE ON WHICH THE KMBS HAS TO BE EXECUTED. THE CUSTOMER UNDERSTANDS THAT IF THE LABEL(S) IS(ARE) NOT REGISTERED BEFORE THIS DEADLINE, BF IS RELIEVED OF ACCOMPLISHMENT OF KMBS AND THE CUSTOMER WILL NOT BE REFUNDED NOR COMPENSATED - AND BF WILL BE NO LONGER RESPONSIBLE FOR THE CUSTOMER’S BAGGAGE -.
viii. All these previous steps can be done by a reseller duly authorized by BF (i.e. the Place receptionist) in case the KMBS is directly purchased by the customer through such an authorised reseller. In any case, the customer remains the only responsible for the provided data. The customer will receive via the provided email a provisional password (randomly created by the system) to access his/her personal area in the webpage www.kissmybag.eu. BF strongly recommends to change this password with a personal (or easier to memorize) one.
ix. Once the label(s) is (are) been registered (activated), the customer must stick only one label for each baggage. PLEASE NOTE THAT BF DOES NOT PICK MORE THAN ONE BAGGAGE UP FOR EACH LABEL. If the customer sticks one label to more than one baggage or more than one label per baggage, BF has the right to cancel the KMBS and the customer will not be refunded nor compensated. In this case, BF will be no longer responsible for the customer’s baggage.
x. The labelled baggage must be left by the customer at the reception (to one of the hotel/resort’s clerk) before 11 A.M. of the Date selected during the purchase of the KMBS. The customer understands that if the baggage is not left at the reception before this deadline, BF is relieved of accomplishment of KMBS and the customer will not be refunded nor compensated. It is under the full customer’s responsibility to leave the baggage in a secure area of the selected Place before 11 A.M. The BF staff will have access to such area from 11 A.M. to 2 P.M. Should BF be impeded to access such an area, this event will be considered beyond BF’s control and BF will not be responsible for that. Should the baggage be left in an unsafe area of the selected Place or should BF be impeded to have access to such an area, BF will be no responsible for the customer’s baggage.
xi. Once the labelled baggage is left at the reception, the customer is free to leave the hotel/resort and should only withdraw the baggage at the luggage deposit located in the T1 of the International Airport of “El Prat” between 2 P.M. and 10 P.M. of the Date selected during the purchase of the KMBS.
xii. While the customers’ enjoys his/her last day of vacation without the luggage, BF shall pick the luggage up at the selected Place, shall transport it to the airport deposit located in the T1 of the International Airport of “El Prat”, the luggage shall be X-ray scanned by an authorized clerk and stocked in the secure and guarded area of the airport deposit. The customer will be updated about these steps via the email provided during the registration phase. The customer can therefore check anytime the “status” of his/her baggage in his/her/personal area in the webpage www.kissmybag.eu.
xiii. Once the baggage is in the luggage-deposit BF will sent the customer via the email provided during the registration phase a link to a QR code. This QR code must be shown at the luggage deposit in order for the baggage to be withdrawn. Such a QR code is also available in this phase in the customer personal area accessible through the webpage www.kissmybag.eu. In case of technical impossibility to show this QR code at the luggage deposit (because, for example, the cell phone has to be recharged), a device will be available in the luggage deposit area to allow the customer to recover this code accessing his personal area through the webpage www.kissmybag.eu.
i. The consumer will have the right to withdraw from the contract during a period of 14 calendar days from the conclusion of the contract as regulated by the applicable legislation. In case of consumers, the right to withdraw shall be governed by section 102 and subsequent section of the Law for Defense of Consumers and Users.
ii. If the withdrawal is validly exercised in accordance with the applicable legislation, BF will not pick up the baggage, but will charge the client the management costs that have been generated as well as those provided by the applicable legislation, if any.
iii. The client cannot withdraw from the contract after the execution of the KMBS.
iv. In the event that the customer decides to cancel the order, after making the payment for the KMBS, he/she must contact BF and communicate it in writing, a info@kissmybag.eu, from the same e-mail address used at the time of contracting, within 15 days from the day of contracting the KMBS.
v. BF may cancel at any time and without notice any KMBS contracted by customers listed in the list published by the European Commission named "Denied Party".
vi. In all cases, BF will inform the customer of the cancellation of the order sending an email to the same e-mail address given from the customer during the registration.
vii. In the event that the cancellation of the order occurs before BF has started the displacement for collecting the baggage, the consumer will be entitled to receive a coupon of the same value of the order.
viii. In the event that the request for cancellation of the order occurs after BF has started the displacement for collecting the baggage, BF cannot guarantee the stoppage and return of the shipment.
ix. In any case, the consumer will not be entitled to a refund of the price of the contracted KMBS and will have to pay in advance (in case of return) to BF the costs corresponding to the transfer of the baggage returned to the place of collection or to the address indicated by consumer.
x. In no case may the consumer cancel the order after the baggage is picked-up at the selected Place by BF.
The customer agrees to indemnify, defend and hold harmless BF and parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, if any, from any claim or lawsuit, including reasonable attorneys' fees, made by third parties due to or arising out of the customer’s breach of these Terms of Service or the documents they incorporate by reference, or the customer’s violation of any law or the rights of a third party.
In no case BF, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will be responsible for any injury, loss, claim or any type of direct, indirect, accessory, punitive damage or special for the KMBS, or for consequential damages of any kind, including, but not limited to, loss of profits, loss of income, loss of savings, loss of data, replacement costs or similar damages, whether by contract, tort (including negligence), strict liability or other, arising out of the customer’s use of the KMBS, in whole or in part, or any other claim related in any way to the customer’s use of the KMBS, including, among others, any error or omission in any content, or any loss or damage of any kind incurred as a result of using the KMBS or any content (or product) posted, transmitted or made available in any other way through the KMBS. Because some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries or jurisdictions, BF’s liability will be limited to the maximum extent permitted by law.
If BF, at its own sole discretion, suspects that the customer has failed to comply with any term or provision of these Terms of Service, BF may also terminate this agreement at any time without notice and the customers will remain liable for all amounts owed up to and including the termination date; and / or consequently BF may deny the customer’s access to the Service (or part of it).
In the event that any provision of these Terms of Service is determined to be illegal, void or unenforceable, such provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be considered separate from these Terms of Service and such determination will not affect the validity and enforceability of any other remaining provision.
The obligations and responsibilities of the parties incurred before the termination date will remain in effect after the termination of this agreement for all purposes.
The failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service and any policy or rule of operation published by BF on this site or with respect to the Service constitute the entire agreement and understanding between the customer and BF and govern the use of the Service, replacing any prior or contemporaneous agreement, communication or proposal, either oral or written, between the customer and BF (including, among others, previous versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.
The customer can review the most recent version of the Terms of Service at any time on this page.
BF reserves the right, at its sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to its website. It is the customer’s sole responsibility to check the BF website periodically to see any possible changes. The customer’s use or continued access to BF website or the Service after the publication of any changes in these Terms of Service constitutes the customer’s acceptance of such changes.
For any questions or clarification send BF an email to: info@kissmybag.eu
This contract will be governed by Spanish legislation, which will be applicable in matters not covered by this contract regarding interpretation, validity and execution. For any dispute that may arise in the application or interpretation of these conditions, both parties submit to the Courts and Tribunals of Barcelona Capital expressly waiving any other jurisdiction that may apply.