General terms and conditions of contracting pet transport services at Baggage Pets.
Clause 1.- The subject of the contract
Sistemes Internacionals de Càrrega, S.L. is a company of international forwarders and within that company, Baggage Pets is responsible for freight services, both national and international ones, of animals using the best connections from Barcelona, Madrid and Málaga, offering online flights to main capital cities of the world, providing the best possible flight fares.
In order to provide their services, BaggagePets shall therefore be able to use all means of transport and subcontractors, which shall be contracted on behalf of the customer, the owner of the animal.
Clause 2.- Scope of application
The following General Terms and Conditions shall be applied to all the intermediation services provided by Sistemes Internacionals de Càrrega, S.L, BaggagePets, independently of the means used to solicit them, be it by telephone, fax, email or any other way. Any claim which could appear in relation with services provided by BaggagePets shall be considered on the basis of these General Terms and Conditions and IATA Live Animals Transport Regulations.
Clause 3.- Approval
The customer explicitly approves of all the services contracted with Sistemes Internacionals de Càrrega, S.L , BaggagePets to be ruled by the present General Terms and Conditions.
Clause 4.- Customer’s liability.
The customer shall guarantee Sistemes Internacionals de Càrrega, S.L, BaggagePets that they are legitimate owner or proprietor of the animal which is the subject of transport and/or is fully liable and authirized to contract services offered by Sistemes Internacionals de Càrrega, S.L, BaggagePets. Therefore, the customer explicitly waives Sistemes Internacional de Càrrega, S.L., BaggaePets from any liability and claim of possible third parties which shall claim any property rights of the animal in quesiton.
The animal which is the subject of the present contract, shall meet all the requirements set by administrative norms of the origin, transit and destination country, in case of international transport.
The animal which is the subject of the present contract shall meet all the requirements set by sanitary laws and shall be provided with a health card which shall include all the legally required vaccines and/or any other document or necessary regulation. As far as the last aspect is concerned, the animal shall be vaccined in advance, a number of days before the trip which are required by the legislation of the country of origin, transit and destination, and those shall be duly communicated to Sistemes Internacionals de Càrrega, S.L , BaggagePets.
The customer shall be liable for providing all the documentation and official papers related to the animal within the established deadline. In case any document shall be lost or fails to be delivered, the customer shall assume the extra expenses which could arise for BaggagePets and any third parties implied in the service, such as airlines, freight companies, veterinaries and/or state services.
Therefore, the customer shall be liable for the fact that the animal is properly registered and its corresponding tax payments are in order, as well as the corresponding tax obligation. Furthermore, including, but not limited, the animals shall wear any corresponding identification, such as microchip, tatoo, ring, etc.
The animal shall possess a third party insurance.
The animal shall possess a valid veterinary health certificate which should be solicited within the deadline established by the legislation of the country of origin, transit and destination, and shall be duly communicated to Sistemes Internacionals de Càrrega, S.L, BaggagePets.
The customer explicitly authorizes Sistemes Internacionals de Càrrega, S.L , BaggagePets to contract professional veterinary services in case the animal shall fall sick during the transfer. The cost of the aforementioned services shall be exclusively covered by the owner and customer.
The transported animal shall not tend to be aggressive or dangerous, in such a case the refusal to provide services being possible. If the animal shall become aggressive during the transport process, it is possible for it to be maintained separate in a safe space, isolated from the rest of the animals.
In order to have knowledge of the animal to be transported, it is necessary for the customer to prepare a list of habits, personality traits, medications used and any other relevant details about the animal, as well as any information which shall be necessary for the forwarders to have knowledge of during transport.
Furthermore, and in case when due to any force majeure fallen upon the owner and/or the person designated to collect the pet, those shall be unable to collect it, the customer shall establish a third party and/or a pet rescue institution for the animal.
Clause 5.- Price and payment
The price corresponding to th transport and any other services contracted with Sistemes Internacionals de Càrrega, S.L, BaggagePets shall be established on the basis of valid fares at the moment of contracting the service and within the limits foreseen by them. Any additional expenses which shall be produced as a consequence of events or circumstances following the day when the services were contracted, or, in case it exists, from the date of issue of contract shall always be assumed by the customer, as long as they are duly justifiable and are not due to negligence or fail by Sistemes Internacionals de Càrrega, S.L , BaggagePets. The payment of the service price and any additional expenses shall be performed in cash.
Payment shall be fully executed before the transport of the animal. At the moment of the reservation and acceptance of the service, the payment corresponding to 25% of the total service cost shall be performed. In the case of cancellation of the service by the customer, due to causes not attributable to Sistemes Internacionals de Càrrega, S.L., BaggagePets, the amount paid to Sistemes Internacionals de Càrrega, S.L., BaggagePets shall not be refunded, paid as a commission, without taking into consideration the compensation which could be awarded to Sistemes Internacionals de Càrrega, S.L., BaggagePets for management costs, cancellation of fares or other costs which shall also be covered by the customer.
Any additional expenses which shall arise as a consequence of events or circumstances following the contract date or the issue date of corresponding documents, shall be covered by the customer. The payment of the service price and any additional expenses shall be performed in cash.
Clause 6.- Collection and delivery
Terms and conditions of collection and delivery of the animal shall be established by mutual agreement between the customer and Sistemes Internacionals de Càrrega, S.L , BaggagePets.
Delivery date and the duration of transport.
Sistemes Internacionals de Càrrega, S.L, BaggagePets company shall not be able to guarantee the duration of the service, only provide an estimate under normal circumstances. Nevertheless, Sistemes Internacionals de Càrrega, S.L , BaggagePets, if the customer requires so, shall inform the customer, as long as it is possible, on the situation and location of the animal.
Sistemes Internacionals de Càrrega, S.L , BaggagePets shall only be liable for delays in collection or delivery of animals in case when the liability is uniquely and exclusively attributable to the company, otherwise, the customer shall make claims directly to transport companies involved in order to receive any type of compensation. Therefore, Sistemes Internacionals de Càrrega, S.L, BaggagePets shall be liable for delivering any documentation necessary so that the customer could resolve any kind of claim against transport companies.
Moreover, Sistemes Internacionals de Càrrega, S.L, BaggagePets shall not be liable for delays caused by third parties, port authorities, extreme and unusual climate conditions.
Timetables may be changed accordingly.
On the Collection: The person who contracted the service or any person designated by them, shall be present at the moment of collection, or they shall provide a signed authorization. The aforementioned authorization shall include a photocopy of the identification document of the proprietor/owner of the animal.
In the case when the customer fails to fulfill this condition, Sistemes Internacionals de Càrrega, S.L , BaggagePets shall not provide the service, but it shall be paid the full amount established for the transport in the estimate received by the customer.
On the Delivery: The delivery of the animal in the destination shall be performed to the person designated by the owner. In case when the person/s designated to pick up the animal fail to appear in the destination, Sistemes Internacionals de Càrrega, S.L., BaggagePets shall charge to the owner or the person designated by them the expenses of transport and stay of the animal wherever they should be located until the delivery takes place, not later than one week after the agreed delivery date. After said period, the pet shall be delivered to the refuge institution closest to the delivery place.
The customer and/or the owner of the animal shall be liable for all the expenses made until the animal is delivered.
The delivery shall be executed within the timetable established by the transport company, the customer being liable for adapting to the delivery conditions indicated by Sistemes Internacionals de Càrrega, S.L, BaggagePets at the moment of contracting the service.
Clause 7.- Duties of Sistemes Internacionals de Càrrega, S.L, BaggagePets.
Sistemes Internacionals de Càrrega, S.L , BaggagePets shall be obliged to organize, at their discretion, the transport in themost adequate manner and with all due diligence, except when they receive explicit instructions from the customer about the manner of organizing the aforementioned service. In order to provide the service, unless instructed otherwise by the customer, Sistemes Internacionals de Càrrega, S.L , BaggagePets shall be able to select and contract third parties acting as service provides, forwarders, veterinaries, animal caretakers, warehouse workers, customs agents and other functions which the transport, care or delivery of the animal shall require, all those being considered agents acting independently from Sistemes Internacionals de Càrrega, S.L, BaggagePets. Furthermore, Sistemes Internacionals de Càrrega, S.L, BaggagePets shall contract, in the best way possible, the aforementioned services in companies which are subject to valid International Conventions. In the case when this shall not be possible, renowned and solvent companies shall be contracted. The animal shall be entrusted to such third parties which comply with terms and conditions, such as limited liability for loss, damage, expenses and delays in delivery which are established in the transport waybills, bills of landing and receipts presented by those providers, forwarders, warehouse operators and others . The consignment notes or bills of landing which correspond to the effective execution of the service, shall be available during the whole validity period.
Clause 8.- Pet carrierss
The sale of pet carriers is offered as a part of the services provided by Sistemes Internacionals de Càrrega, S.L , BaggagePets, the said pet carriers being legally established by the valid legislation and certified by IATA Regulations.
In case when the customer wishes to transport the animal using their own pet carrier, they must use one which is certified by IATA Regulations and it must be in good working and safety conditions, the use thereof might be agreed between the parties.
In case when the customer provides the pet carrier for the transport of the animal, the carrier shall comply with the measurements stated in Pet Measurement Section, if the pet carrier does not comply with the specified measurements, the customer shall cover the expense of a new carrier.
Clause 9.- Customer modifications
- a) Timetable change
Be it necessary to modify the day or time of the agreed delivery or collection, said modification shall be notified at least 72 hours in advance and Sistemes Internacionals de Càrrega, S.L, BaggagePets shall confirm the possibility to provide their service within the newly solicited delivery or collection time. In case when the modification were solicited between 72 hours in advance and the moment of delivery or collection, a extra amount of 25% of the full cost shall be charged additionally . - b) Cancellations
Cancellations performed less than 72 hours before collection time shall be charged an extra amount of 25% of total transport cost.
Clause 10.- Limitations of liability
Sistemes Internacionals de Càrrega, S.L, BaggagePets shall be liable to the customer exclusively for lesions, damage or death of the animal if those are caused directly by the negligence, fail or incompliance with the contract duties, said liability shall not be superior to that assumed by the airlines or any other contracted transport company. The liability Sistemes Internacionals de Càrrega, S.L , BaggagePets for the aforementioned shall iniciate at the moment of receiving the animal until the moment the animal is delivered to the airline which is responsible for transport.
Clause 11.- Liability exemption
Sistemes Internacionals de Càrrega, S.L , BaggagePets shall be exempt from any liability as for the choice of third parties acting as service provides, forwarders, veterinaries, warehouse workers, customs agents and other functions which the transport, care or delivery of the animal shall require, as long as those have acted in accordance with the instructions received by the customer.
The company shall be exempt from any liability when the transport instructions have been transmitted to the subcontracted third parties in accordance with the shipping order provided by the customer.
Sistemes Internacionals de Càrrega, S.L , BaggagePets shall be able to renounce to perform its right against third parties if those decide to renounce to perform their rights tin favour of customer.
Sistemes Internacionals de Càrrega, S.L , BaggagePets shall not be responsible for the loss, damage or death of the animal, unless this loss or damage occurs while the animal is in their care.
Sistemes Internacionals de Càrrega, S.L, BaggagePets shall not be liable is the animal was transported by the customer or their representative.
Sistemes Internacionals de Càrrega, S.L , BaggagePets shall not be liable for the consequences derived from the loading and unloading operations which were not performed directly by the company.
Sistemes Internacionals de Càrrega, S.L , BaggagePets shall not be liable for any loss or expense which the customer shall incur, such as loss of benefits, customers, fines, loss incurred due to depreciation or penalty clauses, exchange market fluctiations, fees or taxes increased by the Authorities, all of which the customer may incur in relation with the contracted transport.
Sistemes Internacionals de Càrrega, S.L , BaggagePets shall not be liable for the loss, damage or death of the animal in case of any of the following circumsances: (i) Fault or negligence of the customer or their authorized representative. (ii) Defective pet carriers or lack thereof, as long they were not due to be provided directly by Sistemes Internacionals de Càrrega, S.L , BaggagePets. (iii) War, rebellion, revolution, rising, coup or confiscation, nationalization or requisition by or under the command of a Government or a public or local Authority. (iv) Strike, lock-outs or other work conflicts which affect workflow. (v) Damage caused by nuclear energy. (vi) Natural disasters. (vii) Force majeure. (viii) Theft. (ix) Any circumstances which were Sistemes Internacionals de Càrrega, S.L , BaggagePets were unable to avoid and whose consequences were impossible to be predicted. (x) Other causes of exempt established in conventions or other valid legal provisions.
Clause 12.- Claims
At the moment when the animals is delivered, the recipient shall verify the conditions thereof, and shall be obliged to immediately inform Sistemes Internacionals de Cárrega, S.L., Baggage Pets about any problem this animal might suffer. Under no circumstances shall the payment for the services to Sistemes Internacionals de Càrrega, S.L , BaggagePets be retained, including costs and expenses, as a consequence of claims or demands made by the customer against Sistemes Internacionals de Càrrega, S.L , BaggagePets and/or any third parties contracted in order to execute the transfer.
Clause 13.- Applicable law and place of jurisdiction
Services provided by Sistemes Internacionals de Càrrega, S.L , BaggagePets shall be governed and interpreted in accordance with the Spanish Law. Any claim shall be resolved by the competent Courts corresponding to the headquarters of Sistemes Internacionals de Càrrega, S.L , BaggagePets which has been contracted by the customer to provide the service.
Clause 14.- Severability
The provision of these general terms and conditions of contract shall be considered independently. Shall any part of these Terms and Conditions be declared invalid, the remaining provisions shall not be affected.
Clause 15.- Image Rights
The customer shall grant permission to Sistemes Internacionals de Cárrega, S.L., BaggagePets to take photos or videos of the animal and use the photos and videos for commercial or informative purposes.
