Terms and Conditions

1. Definitions and explanation

1.1 In these General Terms and Conditions the following terms have the following meanings:

Good(s): the package, the shipment, supplied by Sender.
Traveller: the person who or the company that for an agreed amount takes the supplied Good from the Suitcase+ Desk to the agreed Place of Arrival.
Sender: the company that has a Good that is given to Traveller and for which an agreed amount is paid.
User: Sender or Traveller, User of these General Terms and Conditions.
Deal: the agreement between a Traveller and a Sender.
Parties: Sender and Traveller bound to one another by means of a Deal.
Recipient: representative of Sender who is at the Place of Arrival to receive the Good transported by Traveller.
Place of Arrival: the airport or the address given by Sender and accepted by Traveller as stated delivery address in the Deal.
Suitcase+ Desk: the desk where Traveller can pick up the Good.
Suitcase+ Scanning Facility: location on airport of departure where sender or representative shall deliver the good(s) for safety and commodity check
Departure Airport: the airport where the Good can be picked up at the Suitcase+ Desk.
Suitcase+ System: the system under which companies offer Goods for shipment and Travellers offer to transport these Goods to Place of Arrival.
Suitcase+: the private company with limited liability under Dutch law Suitcase Plus B.V., with registered office at Silodam 117, postcode 1013 AS Amsterdam, The Netherlands, registered in the Commercial Register of the Chamber of Commerce under number 63411962.
Platform: the online platform used by Suitcase+ that functions as a platform/community on which supply and demand can be placed.
Website: The website www.suitcaseplus.com of Suitcase+ that is the landing page for the services of Suitcase+ and on which page the User can log on to the Platform.
Right of Use: the right of Users as described in article 2 of these General Terms and Conditions.
Account: The User profile created by registration on the Website that gives access to the closed parts of the Platform.

1.2 Suitcase+ connects travellers who have booked a flight, or intend to do so, and senders who have a shipment with the same destination. The Good may be sent if a Sender and a Traveller can agree on the conditions and the amount to be paid.

1.3 To prevent a Traveller being asked to carry forbidden or dangerous goods for a Sender, Suitcase+ will arrange a mandatory screening of Goods by a certified cargo screening company. After the screening the Goods can be picked up by Traveller at the Suitcase+ Desk at the Departure Airport.

1.4 Payment for the delivery of packages is to be made by bank transfer. The payment system of Suitcase+ is managed by the international payment service provider Ingenico (www.ingenico.com)

1.5 Suitcase+ can be used by persons who are at least 18 years old and who are in possession of a valid proof of identity and valid bank account. Only companies may offer Goods for shipment.

2. Right of Use of the Platform
2.1 After registration and on the basis of the conditions laid down in these General Terms and Conditions Suitcase+ shall grant User access to the Platform and User is entitled to view supply and demand on the closed part of the Platform and to proceed to enter into agreements (the Right of Use).

2.2 The Right of Use contains only the competences explicitly assigned in these General Terms and Conditions, within which the intended aim and intended use of the Platform are also specified.

2.3 User is not permitted, except with the explicit written permission to the contrary by Suitcase+, to grant or transfer the Right of Use in any form whatsoever to, or to make it available in any way whatsoever for, any third party or to integrate the Right of Use in another product.

2.4 Without prejudice to the other provisions of these General Terms and Conditions the User is only permitted to gain access to the Platform in the manner prescribed by Suitcase+.

2.5 Suitcase+ is at all times permitted to change the functionality of the Platform.

3. Account
3.1 In order for the Sender or Traveller to make use of the services of the Suitcase+ System, an Account must be created with Suitcase+.

3.2 When creating an Account in order to make a Deal, User shall enter complete and correct details and shall not provide any misleading information.

3.3 User is entitled to register once and is entitled to one account.

3.4 An Account may be created by anyone who is older than 18 years and who is in the possession of valid proof of identity and valid bank account.

3.5 Suitcase+ retains the right to block Users or not to accept them at its own discretion. Suitcase+ may, at its own discretion, limit, suspend, or cancel the Account of any User who misuses Suitcase+ or acts contrary to these General Terms and Conditions, without prior notice to the User.

3.6 Users shall handle their Account carefully, keep passwords in a safe place, and keep passwords secret.

3.7 Recorded data is also available for STL, Ingenico, and other contractors and/or suppliers of services.

4. Making a Deal
4.1 The Platform provides room for supply and demand of both Traveller and Sender.

4.2 Travellers may place their own flight on the Platform or take up a Good already offered for transport on the Platform by a Sender.

4.3 Senders may put their own Goods on the Platform or take up a flight already placed on the Platform by a Traveller.

4.4 Users enter into an agreement on the Platform when the “Deal” button at the final offer is pressed.

4.5 A Deal is only made when Sender has fulfilled the conditional payment obligation and Traveller’s identity and bank account has been checked.

4.6 A Deal will be made in Euros.

5. General operation of a Deal
5.1 Traveller
a. After making the Deal Traveller receives a PIN code and a transaction overview.
b. When picking up the Good from the Suitcase+ Desk, Traveller shall provide proof of identity and enter the PIN code. If the correct identity is established, Traveller receives the Good and ownership of the Good is then transferred to the Traveller.
c. As a consequence of the provisions in Article 5.1 under b, Traveller shall not transport any baggage for other parties.
d. The agreement with Sender binds Traveller to deliver the Goods to Recipient at the Place of Arrival.

5.2 Sender
a. Sender is responsible for delivering the Good to the Suitcase+ scanning facility.
b. On payment Sender receives a PIN code that acts as a verification for the transfer at the Place of Arrival.
c. The agreement with the Traveller binds the Sender to buy back the Good from the Traveller at the Place of Arrival for the amount agreed in the agreement.

5.3 At the Place of Arrival Traveller receives a PIN code from Recipient. If the PIN code is correct, the ownership of the Good is transferred back to Sender via Recipient and the agreed amount is transferred to the Traveller.

5.4 Parties may change the Place of Arrival in mutual consultation.

5.5 If Traveller, for any reason whatsoever, fails to deliver the Good, Suitcase+ may charge Traveller an amount of Euro 500.00 to compensate the Sender.

6. Account: duration, cancellation, and consequences of cancellation
6.1 By means of registration and after acceptance of these General Terms and Conditions, the Account of a User is created for an indefinite period.

6.2 The use of the Account may be cancelled by User or by Suitcase+ without a notice period.

6.3 Cancellation on the basis of this article is without prejudice to the obligations that by their nature are intended to continue, such as the provisions relating to intellectual property rights, confidentiality, applicable right, and dispute settlement.

6.4 Suitcase+ is never liable for any compensation or payment resulting from termination of the Right of Use.

7. Liability and indemnity
7.1 Although Suitcase+ has taken the utmost care with regard to the operation of the Platform and the services related to it, the absence of any errors or omissions cannot be guaranteed. Suitcase+ is not liable in any way for any errors or omissions or for the use by User.

7.2 Suitcase+ is not liable for the consequences of non-availability of the Platform or any part of it or of the Website or any part of it, or of failures in communication by means of the Platform.

7.3 The total liability of Suitcase+ due to attributable failure in the fulfilment of these General Terms and Conditions, unlawful deed, or any other reason is limited at all times to compensation of direct damage, up to a maximum amount of Euro 1,500.00. The liability of Suitcase+ for indirect damage, including in any event consequential damage, lost profit, missed savings, a reduction in goodwill, damage due to company stagnation, damage ensuing from claims of customers of User, corruption or loss of data, and all other forms of damage besides those mentioned in above paragraphs of this article, on any account whatsoever, is excluded.

7.4 Any right to compensation is conditional upon User notifying Suitcase+ in writing of the damage as soon as possible after it has been sustained. Any claim for damages against Suitcase+ is extinguished by the mere expiry of one month after the establishing of the claim.

In addition, if any of the following non-exclusive points applies to the cause of the damage, there is, among other things, no entitlement to damage compensation:
a. is due to non-compliance with the regulations provided to User by or on behalf of Suitcase+;
b. consists of corruption or the loss of data;
c. is due to the malfunctioning of mains voltage or telecommunication or network facilities, or
d. is otherwise due to causes not attributable to Suitcase+

8. Information, confidentiality, and personal details
8.1 The Privacy policy sets out how Suitcase+ uses and protects any information that Users give when using the website. Suitcase+ shall only use the personal details provided by User in so far as this is necessary for the performance of its services as laid down in these General Terms and Conditions.

8.2 Suitcase+ shall take appropriate organizational and security measures with regard to the personal details, on the understanding that there are measures relating to the registration, account, and transaction data that are aimed at making these data only accessible in cases where it is necessary in accordance with law or arising from these General Terms and Conditions.

8.3 With regard to the use and transaction data and the other data provided to Suitcase+, Users give their explicit permission to Suitcase+ to use these data for service or other messages related to the use or the operation of the Platform or in order to inform User, by e-mail or otherwise, about the products and services of Suitcase+. Moreover Suitcase+ provides the personal details of User to third parties if and in so far as Suitcase+ is obliged to do so based on law or a court decision.

9. Intellectual property rights
9.1 The content and the concept of Suitcase+ are protected and were registered as intellectual property with the European Union Intellectual Property Office in 2013. It is not permitted to use material from the Website in any way whatsoever. The reproduction or copying of specific parts and/or forms with the intent to promote Suitcase+ is only permitted with the explicit written permission of Suitcase Plus B.V.

9.2 User is not permitted to delete or amend any indication that refers to the confidential nature of information, indications that refer to copyrights, brands, trade names, or other rights of intellectual or industrial property of Suitcase+.

Suitcase+ retains the intellectual property rights of all functions and content of Suitcase+, including but not limited to photographs, video, audio, text, and design elements

10. General provisions
10.1 Despite the utmost possible care paid to the Website, Suitcase+ is unable to give any guarantee with regard to the correctness of the information on the Website and/or the services and their suitability for a specific purpose.
Suitcase+ gives no guarantees with regard to data and/or information published or otherwise made available on the Website or external websites that are connected with or refer to the Website.

10.2 Suitcase+ is entitled to amend the General Terms and Conditions. In this case Suitcase+ shall make a new version of these General Terms and Conditions available on the Website.

10.3 If it becomes apparent that any provision of these General Terms and Conditions is invalid, the other provisions of these General Terms and Conditions remain in full force.

10.4 Suitcase+ is entitled to transfer its legal relationship with User to a third party within the framework of whole or partial transfer of its business activities to this third party, with the maintenance of these General Terms and Conditions.

10.5 Dutch law applies to the legal relationship of User with Suitcase+ and to these General Terms and Conditions. All disputes arising from this agreement are only to be submitted to the Court in Amsterdam, unless on the basis of mandatory law another Court is, or is also, competent.

11. Compensation Suitcase+
Suitcase+ receives commission by means of a percentage of the agreed amount (for the account of the Sender). Senders are shown the gross transaction costs on the Platform, and the payment to be received is also visible to Travellers. In other words, the amount to be received is the net amount after deduction of the Suitcase+ commission. The Suitcase+ commission is 20.0% of the transaction amount but in any case not less than Euro 25.00. The applicable VAT will be added to the commission.

12. Tax
User has sole responsibility for any fiscal consequences that may arise from the use of the Suitcase+ services.

13. Agreement between Sender and Traveller
Suitcase+ is not a party to the Deal. The task of Suitcase+ is only to facilitate the communication between Users, i.e. the provision of a platform where Users can meet one another, communicate with one another, and make Deals.
The delivery agreement is only between Sender and Traveller. The services of Suitcase+ do not relate to these Terms and Conditions, with the exception of the provision of the standard forms and the facilitating of the service. Suitcase+ accepts no responsibility for the delivery of Goods.

14. Agreement between Sender and Recipient
This agreement between Recipient and Sender on the delivery of a Good is completely outside the scope of the Suitcase+ services, and Suitcase+ explicitly rejects any responsibility. For practical legal reasons relating to the Suitcase+ transaction, Recipient shall act as representative of Sender when taking delivery of a Good. The use of Suitcase+ can in practice be initiated by either Sender or Recipient.
As Suitcase+ is not party to an agreement of this kind, Suitcase+ explicitly refuses to accept any liability based on this agreement, including but not limited to any liability between Sender and Traveller if (i) a Traveller fails to deliver a Good to a Recipient, (ii) a Traveller is delayed in the delivery of a Good to a Recipient, (iii) a Traveller delivers a damaged Good to a Recipient, or (iv) a Recipient, being the legal representative of the Sender in this context, fails to pick up the Good at the Place of Arrival or another agreed location.

15. Complaints
1. Any problems, claims and complaints regarding the Good shall be dealt with by Suitcase+ directly, via the customer service.
2. Any damage to, loss or delay of the Good shall be reported to Suitcase+ directly at moment of discovery. Retrospectively submitted claims will not be taken into consideration.

16. Product liability
1. The liability of Suitcase+ for direct damages to or loss of the Good(s), regardless of the form of the claim(s), whether in contract, tort or otherwise, is limited at all times to Euro 20 per kilo and shall not exceed Euro 250.00 per Good.
2. The liability of Suitcase+ for indirect damage, all other types of loss or damage, including in any event consequential damage, lost profit, missed savings, damage due to company stagnation, corruption or loss of data, following flight delays, and all other forms of indirect damage, is excluded.
3. Claims are limited to one claim per Good and an arrangement is a full and final settlement for all loss or damage related to the Good.

17. Time-limit for claims
All claims must be received within thirty (30) days from the date of shipping to be submitted in writing to Suitcase+. Claims which have not been exercised before the expiry date elapse automatically.

Suitcase Plus B.V.
Silodam 117
1013 AS Amsterdam
Phone: +31 (0)20 2440604