Personal Porter - Terms And Conditions

As a condition of using Personal Porter™, the Customer agrees to the following terms and conditions.

DEFINITIONS AND INTERPRETATION

In these Conditions:

1.1.		Air Waybill means the alpha-numeric code generated by the booking process that records all the information required for delivery and incorporates these Terms and Conditions.

1.2.		Commercial Invoice and Contents List means the document generated by the booking process that is required to clear the customs processes around the world and which details the contents and value of the Goods being delivered.

1.3.		Customer ("You", "Your" or "Yourself") means any person at whose request or on whose behalf We provide Our services, whether as owner of the Goods or any other person who is or may become interested in the Goods, transported by Us under these Conditions.

1.4.		Goods mean Your luggage, articles or effects, including any containers, packaging or equipment, to be transported by Us under these Conditions.

1.5.		Person includes a natural person, partnership, body corporate or other entity.

1.6.		Personal Porter™ ("We", "Our" or "Us") means Personal Porter™ Pty Ltd (a company registered in Australia) and Personal Porter™ Limited (a company registered in the United Kingdom) offering its services under these Conditions.

1.7.		Special Drawing Rights ("SDR") means the currency value pursuant to the Montreal or Warsaw Conventions applicable to any liability for lost or damaged Goods. The value of one SDR in Your relevant currency on a particular day shall be such sum as the International Monetary Fund has fixed as being the value of one SDR in Your relevant currency that day or, if no such sum has been fixed that day, the last day on which a sum has been so fixed.

If part or all of a provision of these Conditions is unenforceable, it may be severed from these Conditions and the remaining parts of the provision or provisions of these Conditions shall continue in force.

These Conditions and any act or contract to which they apply are governed by the laws of New South Wales (Australia) and any dispute arising out of any act or contract to which these Conditions apply shall be subject to the exclusive jurisdiction of New South Wales.

YOUR OBLIGATIONS

You warrant that:

4.1.

You are either the owner of the Goods or the authorised agent of the owner and You accept these Conditions for Yourself or as authorised agent for the owner.

4.2.

The description and particulars of all Goods provided by You when placing Your order and completing the customs declaration are true.

4.3.

All Goods have been properly and sufficiently prepared, packed, stowed, labelled and marked with a secure luggage tag that details Your full name, address and telephone number and all Goods have a copy of the Air Waybill placed inside.

4.4.

Where the Goods are stowed in luggage or on a container or any other device specifically constructed for the carriage of goods by land, sea or air, such container or storage device is in good condition and is suitable for the carriage to the intended destination of the Goods.

4.5.

You have not packed prohibited or restricted goods, including (but not limited to):


4.5.1.		individual items or pieces of luggage weighing more than 32 kilograms;

4.5.2.		perishables, including food and beverages requiring refrigeration;

4.5.3.		dangerous or illegal goods such as weapons, liquor or illegal substances;

4.5.4.		hazardous materials such as corrosives, explosives, flammable liquids, gases and infectious, poisonous, radioactive or toxic substances;

4.5.5.		electronic devices and other devices containing lithium or lithium ion cells or batteries for use in products such as phones and laptops;

4.5.6.		any fragile items or valuable items such as antiques, bullion, currency, negotiable instruments, jewellery, precious metals and stones;

4.5.7.		animals, human remains, plants, seeds, wooden artefacts, goods of a dangerous or damaging nature or goods likely to harbour or encourage vermin or other pests, or goods liable to taint or affect other goods; and

4.5.8.		any other goods prohibited or restricted by the International Air Transport Authority, the International Civil Aviation Organisation and any applicable government customs & excise requirements, further details will be provided by Us on request.

4.6.

You have complied with all applicable customs, import, export and other laws.

CHARGES, BILLING AND CANCELLATIONS

Our estimate of charges is based upon the particulars provided by You in Your order.

Upon receiving Your Goods, We will weigh the Goods prior to delivery to calculate the final weight based upon actual or volumetric weight, whichever is the greater. You agree to pay or reimburse Us for all transportation charges, storage charges, duties and taxes owed for services provided by Us on Your behalf and You expressly authorise Us to deduct such charges, duties and taxes for the final weight from Your credit card details provided in Your order.

You shall pay to Us in cash or as otherwise agreed all sums immediately when due without reduction or deferment on account of any claim, counterclaim or set-off. In respect of all sums which are overdue You shall be liable to pay to Us interest at 10% per annum (calculated daily).

A booking can be cancelled up to 96 hours prior to scheduled time of pick-up, without incurring any charges. If a booking is cancelled between 96 and 48 hours prior to scheduled pick-up, a fee of AUD$50 per piece of luggage will be charged to cover Our administrative and labour costs for the cancellation. If a booking is cancelled within 48 hours of scheduled pick-up, Our quoted fee will be charged.

YOUR LIABILITY

Should You deliver to Us goods such as those referred to in clause 4.5 or cause Us to handle or deal with any such goods, You acknowledge that We shall be under no liability whatsoever for or in connection with such goods howsoever arising and You shall be liable for all loss or damage arising in connection with such goods and shall indemnify Us against all claims, damages, costs and expenses whatsoever in connection thereto and the goods may be dealt with in such manner as We or any other person in whose possession they may be at any relevant time shall think fit.

10.

Like most major airlines and transportation companies, We do not accept liability for the following types of damage to luggage: broken wheels or feet, lost pull straps, damage resulting from over-packed baggage, damage to oversized bags, or damage to luggage handles or fair wear and tear. We do not assume liability if items of a fragile or perishable nature are damaged during transport, or for manufacturer's defects in luggage. Additionally, We do not assume liability for any Goods unsuitably packed or unsuitable for transportation, with or without our knowledge.

11.

If You do not take delivery of the Goods or any part thereof at the time and place when and where We are entitled to call upon You to take delivery or if You do not provide suitable identification (such as a passport or driver's licence) and a signature of receipt on delivery or if Your address is incomplete or incorrect We shall be entitled to store the Goods or any part thereof at Your sole risk, whereupon Our liability in respect of the Goods or that part thereof stored shall wholly cease and the cost of such storage if paid for or payable by Us or any agent or sub-contractor of Ours shall, upon demand, be immediately paid by You to Us.

12.

At Your expense, We shall be entitled to dispose of (by sale or otherwise) as may be reasonable in all the circumstances:

12.1.

without prior notice, Goods which have perished, deteriorated or altered or are in immediate risk of doing so, in a manner which has caused or may reasonably be expected to cause loss or damage to Us or third parties or to contravene any applicable laws or regulations; or

12.2.

Goods which have been held by Us for 90 days and which cannot be delivered as instructed:


12.2.1.		without notice, where You cannot be traced and reasonable efforts have been made to contact anyone who We may consider to have an interest in the Goods;
12.2.2.		otherwise, after 28 days notice in writing to You.

13.

You will keep Us indemnified from and against:

13.1.

all liability, damages, costs and expenses, including (but not limited to) all duties, taxes, imposts, levies and outlays of any nature levied by any authority in relation to the Goods arising out of Us acting pursuant to Your instructions or arising from any breach by You of any warranty in these Conditions or from Your negligence; and

13.2.

any liability assumed or incurred by Us when, by reason of carrying out Your instructions, We have reasonably become liable or may become liable to any other person; and

13.3.

all claims, costs and demands whatsoever and by whomsoever made in excess of Our liability under the terms of these Conditions regardless whether such claims, costs and demands arise from or in connection with the negligence or breach of duty of Us, Our servants, sub-contractors or agents.

14.

Advice and information is provided by Us for You only and You shall not pass such advice or information to any third party without Our written agreement. You will indemnify Us against any loss and damage suffered as a consequence of any breach of this condition by You.

OUR RIGHTS AND OBLIGATIONS

15.

We shall perform Our duties with reasonable care, diligence, skill and judgement.

16.

We, or Our agent, have the right to open and inspect Your Goods without prior notice. We will not be liable for damage caused to locks on luggage that must be opened for customs, quarantine or security purposes.

17.

We reserve reasonable liberty as to the means, route and procedure to be followed in the handling, storage and transportation of Your Goods. We shall provide our services to You as a principal.

18.

When We contract as a principal for any services, We shall have full liberty to perform such services or to sub-contract the whole or any part of such services to third parties.

19.

Subject to clause 20, We shall have a general charge (lien) on all goods and documents relating to Goods in Our possession or control for all sums due at any time from You and We shall be entitled to sell or dispose of such goods or documents as Your Agent and at Your expense and apply the proceeds in payment of such sums on 28 days notice in writing to You. Upon accounting to You for any balance remaining after payment of any sum due to Us and the costs of sale or disposal We shall be discharged of any liability whatsoever in respect of the goods or documents.

20.

If the Goods are likely to perish or deteriorate, Our right to sell or dispose of the Goods shall arise immediately upon any sum becoming due to Us, subject only to Us taking reasonable steps to bring to Your attention Our intention of selling or disposing of the Goods.

OUR LIMITED LIABILITY

21.

Without Our prior written agreement, We accept no responsibility for departure or arrival dates of Goods and We are not liable for any damages or loss caused by delays.

22.

Subject to clauses 23 and 24, Our liability is strictly limited to direct loss only and We shall not, in any circumstances whatsoever, be liable for indirect or consequential loss, including (but not limited to) loss of profit, income, interest or future business or the consequences of delay however caused.

23.

By Our prior agreement in writing, We may accept liability in excess of the limits set out in clause 24 upon You agreeing to pay Our additional charges for accepting such increased liability; details of Our additional charges will be provided upon request.

24.

Our liability for loss or damage to Your Goods shall be the lesser of the following amounts:

24.1.		17 SDR (approximately AUD$33 or USD$25 or �13) per kilogram of Goods if the Warsaw Convention applies; or

24.2.		1000 SDR (approximately AUD$1,980 or USD$1,470 or �780) per order if the Montreal Convention applies; or

24.3.		the value of the Goods lost or damaged, when they were or should have been delivered.

25.

Claims are limited to one claim per order, settlement of which will be full and final settlement for all loss and damage in connection with the order. If You regard the limits in clause 24 as insufficient then You must make a special declaration of value of Your Goods and request insurance or make Your own insurance.

26.

We shall be relieved of liability for any loss or damage if and to the extent that such loss or damage is caused by:

26.1.		strike, lock-out, stoppage or restraint of labour, the consequences of which We are unable to avoid by the exercise of reasonable care; or

26.2.		any cause or event which We are unable to avoid and the consequences whereof We are unable to prevent by the exercise of reasonable care.

27.

Any claim by You against Us arising in respect of any service provided for You or which We have undertaken to provide shall be made in writing and notified to Us within 14 days of the date upon which You became or should have become aware of any event or occurrence alleged to give rise to such claim. Any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred except where You can show that it was impossible for You to comply with the time limit and that You have made the claim as soon as it was reasonably possible for You to do so.

28.

Despite clause 27, We shall in any event be discharged of all liability whatsoever, howsoever arising, in respect of any service provided for You or which We have undertaken to provide unless court proceedings are commenced and written notice thereof given to Us within nine months from the date of the event or occurrence alleged to give rise to a cause of action against Us.

Your order placed through this website constitutes Your agreement to the above terms and conditions. The contents of this site are protected by Australian and International copyright, trademark and other laws. This site is the copyrighted property of Personal Porter™ Pty Ltd (Australia) and Personal Porter™ Limited (United Kingdom). All rights reserved.