This document (together with the documents referred to in it) sets out the terms and conditions on which we supply luggage/item repatriation services ("Services") to you, namely the collection, packaging and delivery of items confiscated during the airport security check process (your "Confiscated Items"). Please read these terms and conditions carefully before using any of the Services. You should understand that by utilising our Services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to use our Services.
- INFORMATION ABOUT US
The Services are operated through our website www.postandfly.com ("our Website") which is operated by Excess Baggage (Airports) Limited (and the terms "we" and "us", and "our" shall be construed accordingly). We are registered in England and Wales under company number 4767735 and have our registered office at
2 Provident Industrial Estate, Hayes, Middlesex, UB3 3NE
- YOUR STATUS
- By completing and submitting the information form on our Website (the "Information Form") and thereby providing us with your details and those of your Confiscated Items, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old, or are the parent or legal guardian of a child that has had an item confiscated in accordance with paragraph 2.1.3; and
- you have had an item confiscated during the course of the airport security checking process at an airport within which we offer the Services (the details of which can be found at www.postandfly.com/information/locations.php );
- you are (or your child is) the legal owner of the Lost Property described, and that no other person has any right in or claim for that property.
- Your Confiscated Items will initially be held by the relevant airport authority but will be passed to us. The details of each Confiscated Item, including the unique identification number assigned to each Confiscated Item at the point of confiscation (the "ID Number"), will be logged into our database (our "Database").
- At the point of confiscation, your Confiscated Items will each be assigned an ID Number and you will be given a receipt noting the ID Numbers that are relevant to your Confiscated Items, along with details of how to contact us to reclaim your Confiscated Items.
- On your completing the Information Form, we will match the ID Numbers provided to your Confiscated Items and you will receive confirmation of whether your Confiscated Items are still held by us (please see paragraph 6 below for details of the period for which we will store your Confiscated Items).
- If your Confiscated Items are still in our possession, you will be given the option to have them returned to you by courier to a location of your choice.
- Should you choose to have your Confiscated Items returned to you by courier, such delivery will be effected by our "Rapid Parcel" division, and will be carried out in accordance with the Rapid Parcel standard terms and conditions https://www.rapidparcel.com/help/terms_and_conditions.php (the "Delivery Terms") subject to paragraph 5 below.
- You hereby agree that we are entitled to rely on your having a valid ID Number as confirmation of your ownership of the relevant Confiscated Items and we will take no other steps to confirm your identity or ascertain proof of ownership.
- Once you have provided details of where you wish to have the Confiscated Items delivered, we will confirm the cost of delivery, which will be payable in advance via our secure online payment system at www.postandfly,combooking/payment.php# Following receipt of such payment, we will arrange for the delivery of the relevant Confiscated Items to your chosen address.
- For the avoidance of doubt, we reserve the right to refuse to provide the Services in respect of any items deemed unsuitable for shipment.
- AMENDMENTS TO RAPID PARCEL TERMS AND CONDITIONS
- The Delivery Terms shall apply to any delivery arranged by us in accordance with these terms, save that the following shall apply:
- you will have no option to elect for us to accept Standard Liability in accordance with paragraph 13 of the Delivery Terms;
- we shall be responsible for the packing, labelling and preparation of the Confiscated Items required by paragraphs 12.1.2 to 12.1.6 (inclusive) of the Delivery Terms on your behalf.
- We cannot offer any delivery service (such as next-day, or any other accelerated delivery method) other than our standard delivery service for the return of Confiscated Items.
- STORAGE AND DISPOSAL OF CONFISCATED ITEMS
- Any Confiscated Items that have not been claimed within 30 days of them being logged into our Database shall be regarded as abandoned ("Abandoned Items").
- We reserve the right to sell or otherwise dispose of any Abandoned Items and to retain the proceeds of any such sale.
- We shall not be liable for, and you hereby agree to hold us harmless against, any and all losses, costs, claims, liabilities and/or demands of any nature arising directly or indirectly from the sale or destruction of any Abandoned Item in accordance with paragraph 6.2 above.
- You must therefore ensure that delivery is arranged in accordance with paragraph 4 above in respect of your Confiscated Items before the expiry of such 30 day period.
- Any items that are perishable will not be held beyond the time that it is clear (in our opinion) that they have deteriorated sufficiently to no longer warrant being held or if they have, in our opinion, become a danger to the health and safety of our employees or of any other person.
- We are not in control or in possession of any items before they are handed to us by the relevant airport authority and so we shall not be held responsible for any loss or damage of any kind that you suffer or for any liability whatsoever relating to or arising out of any damage to or deterioration in the condition of any Confiscated Item that occurs before it is in our possession.
- In the event that we are liable to you for any breach of these terms and conditions or otherwise, we will only be liable for losses actually incurred or suffered by you that are a foreseeable consequence of our breach at the time you accepted these terms (meaning that the loss was anticipated by both you and us at that time).
- For the avoidance of doubt, we shall not be liable to you for any amount that would put you in a better financial position than you were in at the time you accepted these terms.
- Nothing in these terms is intended to exclude our liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors; or
- fraud or fraudulent misrepresentation.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- WRITTEN COMMUNICATIONS
When using our service, you accept that communication with us will be mainly electronic. We will contact you by e-mail and may provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us by registered post at
2 Provident Industrial Estate, Hayes, Middlesex, UB3 3NE
or by email at email@example.com
We may give notice to you at either the e-mail or postal address you provide to us when completing the Information Form. Our notice will be deemed received by you and properly served immediately, 24 hours after an e-mail is sent, or two days after the date of posting of any letter. In our proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
- You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these terms.
- We may transfer, assign, charge, sub-contract or otherwise dispose or any of our rights or obligations arising under these terms, at any time without notice to you.
- If we fail, at any time to insist upon strict performance of any of your obligations under any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph  above.
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
- Subject to paragraph [14.3], these terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to our provision of the Services to you and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations except as expressly stated in these terms and conditions. In particular, you accept that you have not relied on any description of the condition of the Confiscated Items in question we may have provided in deciding whether you wish us to return your Confiscated Items to you.
- No variation to the entire agreement shall be valid unless made in writing and signed by our authorised representative.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We have the right to revise and amend these terms and conditions and any document expressly referred to in them from time to time including, without limitation, to reflect changes in market conditions affecting our business, which may include, but shall not be limited to, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities, increased fuel costs and congestion charges.
- You will be subject to the policies and terms and conditions in force at the time that you make payment to us for the relevant Services.
- LAW AND JURISDICTION
The contract formed between us and you for the purchase of Services and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
- RIGHT TO CANCEL
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carried and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us Excess Baggage (Airports) Limited, trading as www.postandfly.com,
2 Provident Industrial Estate, Hayes, Middlesex, UB3 3NE
Email: firstname.lastname@example.org of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
You may use the model cancellation from below, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary cost arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss of value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any good supplied; or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or (c) If no goods were supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We can arrange to collect the goods from you. Otherwise, you will have to bear the direct cost of returning the goods.