Terms and Conditions of Sale of Luggage Storage and Delivery Services
1. Introduction
1.1 These Terms and Conditions shall govern the sale and purchase of services through https://aitrago.com/luggagedelivery and https://staysmart.aitrago.com/BemytourOpen/tourhotel.aspx?hotel=nnnnnn &option=luggage (hereinafter refer to “our website”) in which nnnnnn is the specific code for each of our hotel partners. Our website is an online community platform that brings together individuals who requests their luggage to be stored temporarily as well as a point to point transportation of their luggage with specific destinations and business entities who wish to offer temporary luggage storage for a fee. Our website offers online order booking and payment of these storage and delivery services.
1.2 You will be asked to read these Terms and Conditions carefully before you place an order booking on our website.
2. Credit
2.1 This document was created using a template from Docular (https://docular.net).
3. Interpretation
3.1 In these Terms and Conditions:
(a) "we" means Aitrago.com Limited (hereinafter refer to “Aitrago”), a registered company in Hong Kong as described in Section 23 as well as Aitrago partners and transport agents described in this section 3(e) and (f) respectively;
(b) "you" means our member, customer or prospective customer, and "us", "our" and "your" should be construed accordingly;
(c) “users” refers to anyone who browses or uses our website without being registered as a member. Their use of our website is governed by these Terms and Conditions.
(d) “member” refers to any user registered on our website. The member must be an individual who is a natural person of legal age and must have the legal capacity to agree to these Terms and Conditions. All clauses applicable to users are also applicable to members.
(e) “Aitrago partner” refers to a business entity registered on our website who owns or rents a private space where luggage can be stored temporarily and acts as a depositary to keep luggage entrusted to them by members in a private and professional storage space and then to return it to the members later. Aitrago partner who keeps and then returns the luggage entrusted by a member or several members through our website will receive remuneration from the members, which will be transferred via us.
(f) “transport agent” refers to the business entity or professional who processes a valid business licence to operate transportation of goods and/or driver licence and owns or rents a licensed vehicle to transport goods. They are entrusted by members to transport the luggage from one location to another specified by the member. The transport agents will receive remuneration from Aitrago on a separate agreement.
(g) “account” refers to the personal area of a member registered on our website and includes their personal information and data published by them.
(h) “luggage” refers to goods that a member/traveller can store with a Aitrago partner, defined in Section 5;
(i) “services” refers to the range of services offered on our website, defined in Section 4.
(j) “prices” refers to the price(s) for a member’s luggage storage or delivery with a Aitrago partner and/or a transport agent. The prices displayed on our website include Aitrago Service Fees.
4. Services
4.1 Aitrago aims to act as a payment collector in a limited capacity for each Aitrago partner, accepting payments from members on behalf of the Aitrago partner.
4.2 Aitrago is just an intermediary that brings members, Aitrago partners and transport agents together and shall never been considered as a party in the storage or transportation contract. As such, Aitrago does not accept liability as a contracting party in any circumstances. Aitrago will never act as an agent, broker, insurer or its agent.
4.3 Aitrago’s services are limited to the following:
- bringing together members and Aitrago partners and transport agents in which our website allows members to make order booking with a Aitrago partner and/or transport agent who has published an offer for luggage storage as a depositary and/or delivery of the luggage and to exchange and communicate information among the parties;
- offering secure online payment for members with support from its financial partner www.asiapay.com and Stripe. Our website enables members to pay the total of their order booking online securely through www.asiapay.com and Stripe service and Aitrago partners and transport agents to be paid the relevant amount, after deduction of Aitrago's Service Fees;
- providing members with a detailed summary of their confirmed order bookings;
- providing insurance coverage, taken out by Aitrago as stated in below clauses 11.6 and 11.7, for luggage storage and delivery with certain incidents occurring to luggage including only to material damage to the luggage and its contents, breakage, destruction, loss and theft that may arise during storage and delivery of the luggage, to the exclusion of other incidents.
5. Nature of luggage and related storage and transportation clauses
5.1 Our website enable members to place order bookings at Aitrago partners’ premises. A member who wishes to store luggage will receive a pair of QR-coded luggage tag from the Aitrago partner. Member scans the luggage tag and enters the information and make payment online. Upon payment is completed successfully, the member will tie the luggage tag to their luggage and give them to the Aitrago partner. Aitrago partner will scan the luggage tag with a mobile APP, provided by Aitrago, confirm accepting the order and receive the luggage from the member accordingly. The member will keep the luggage claim receipt tag for claiming the luggage later on.
5.2 Aitrago partner receives luggage or items from members and obligated to look after them and return them at the time agreed in the order booking.
5.3 The premises of a Aitrago partner must be a private space where the use is authorized to the Aitrago partner. The Aitrago partner expressly agrees to keep the premises enclosed, clean and not accessible by the public.
5.4 A member wishes to delivery the luggage from the location of a Aitrago partner to a destination specified on our website will receive a pair of QR-coded luggage tag for luggage transportation from the Aitrago partner. Member scans the luggage tag and enters the information and make payment online. Upon payment is completed successfully , the member will tie the luggage tag to their luggage and give them to the Aitrago partner. The Aitrago partner will receive an email confirmation for the order booking and a transport agent will be arranged by Aitrago to pick up the luggage at the location of the Aitrago partner. The member will keep the luggage claim receipt tag for claiming the luggage later on.
5.5 The transport agent will drop off the luggage at the destination specified in the order within the agreed time. The Aitrago partner at the destination will scan the luggage tag, confirm receiving the luggage and store them at their premises.
5.6 Members are required to drop off their luggage at the entrance to the Aitrago partners.
5.7 The Aitrago partners reserve the right to check the contents of Luggage when it is dropped off. If the member refuses the check or if the luggage contents do not comply with clauses relating to the nature of the luggage or belongings stored, the Aitrago partner has the right to refuse to store the luggage. If the Aitrago partner refuses to accept non-compliant luggage, or if the member refuses to have their luggage checked, the order booking will be canceled and the service will be automatically terminated without reimbursement of payments made online by the member.
5.8 A padlock on the luggage is recommended before the member is storing their luggage on Aitrago partner’s premises.
5.9 Members must reclaim their luggage before the time specified in their order bookings. Extra daily charge will incur if the luggage is not reclaim on time.
5.10 Member who has order booking for delivery of luggage, the exact destination address will be shown on the order details (by scanning the QR code on the luggage claim receipt) once the luggage has arrived the destination.
5.11 In the event that the luggage stored are not collected after 30 days from date of storage, the Aitrago partner has the right to dispose them, in any manner it deems fit without incurring any liability whatsoever to the owner of the luggage.
5.12 The Aitrago partner is authorized to deliver the luggage to any person presenting the luggage claim receipt, without requiring any proof of identity, and shall not be responsible for any loss or damage which may result.
5.13 In the event that the member loses the luggage claim receipt tag, administration charge of HK$50 will be imposed. The Aitrago partner will request valid identity or passport for verification and record purpose.
5.14 Nature of luggage or belongings includes suitcase and bags of all kinds including foldable items, with or without wheels excluding the items stated below:
- luggage exceeding 30kgs.,
- items exceeding 70cm either in height, width or depth,
- any goods within one delivery order with total value exceeds HK$5,000,
- Personal computers, laptops and digital tablets, cameras, mobile phones and smartphones, expensive digital or image devices and its accessories,
- fishing rods, anything fragile such as earthenware and porcelain, paintings and collections etc.,
- dangerous goods such as chemicals and toxic items,
- firearms, explosives, ammunition, fuel and fireworks,
- radioactive materials.
- compressed and combustible gases,
- animals and plants.
6. Order process
6.1 The advertising of services on our website constitutes an "invitation to treat" rather than a contractual offer.
6.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 6.
6.3 The procedure to purchase services on our website is set out in the following steps:
For storing of luggage:
(i) on our website, enter surname and last 3 digits of your identity card or passport number,
(ii) select luggage type and respective quantity,
(iii) enter storage date range, remark (if any) and verification code,
(iv) submit order,
(v) take photo of the luggage,
(vi) review details of luggage,
(vii) pay online,
(viii) tie luggage tag to the luggage and give them to the Aitrago partner,
(ix) keep luggage claim receipt for reclaiming luggage later.
For delivery of luggage:
(i) scan QR code given by the Aitrago partner and confirm the luggage delivery destination,
(ii) select luggage type and respective quantity, enter remark (if any) and verification code,
(iii) read the important notice,
(iv) take photo of the luggage,
(v) review details of luggage,
(vi) pay online,
(vii) enter contact email address (mandatory) and local contact phone number (optional)
(viii) Show the email or mobile phone content and give the luggage to the Aitrago partner,
(ix) keep email and mobile phone luggage information for reclaiming luggage later.
6.4 You may correct any input errors by clicking on the backward button before making the payment.
6.5 If you claim the luggage later than the pick up time specified in the order, you will be charged for additional service fee as per our price list.
7. Prices
7.1 Our prices are displayed on our website when member enters the quantity of luggage to be stored and delivered.
7.2 We may change from time to time the prices quoted on our website, but this will not affect orders that have previously come into force.
7.3 All amounts stated in these Terms and Conditions or on our website are stated exclusive of VAT.
7.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the order comes into force.
8. Payments by members
8.1 Members must pay the prices of the services you order.
8.2 Payments must be made by online via Aitrago’s financial partner www.asiapay.com and Stripe.
8.3 If a member fails to pay to us any amount due under these Terms and Conditions in accordance with the provisions of these Terms and Conditions, then we may withhold the services ordered.
8.4 Aitrago will not be responsible for any errors in payment or order booking confirmation linked to a member's input error. Services are requested on a personal basis. Account information (if any, username and password) are personal and must not be given to third parties.
8.5 The amounts paid by the member are not refundable in any circumstances, except in cases of termination described in section 12.
9. Payment to the Aitrago partner
9.1 The Aitrago partner authorises www.asiapay.com and Stripe, Aitrago’s financial partner, to collect the transaction price in on their behalf, through the secure electronic payment system set up on our website or through any other means set up by Aitrago.
9.2 Aitrago will receive Service Fees from Aitrago partners as follow:
(I) Storage of luggage:-
- Aitrago partners agree to pay Aitrago a Service Fee, in a separate agreement, on a percentage of the total price of the transaction paid by the member online for the order booking.
- Aitrago will deduct the Service Fees from the amount of the transaction paid by the member online for the order booking before payment to the Aitrago partner.
(ii) Delivery of luggage:-
- Aitrago partner A (whose location is the initial luggage collection point) agrees to pay Aitrago a Service Fee, in a separate agreement, on a percentage of the total price of the transaction paid by the member online for the order booking.
- Aitrago partner B (whose location is the destination where the luggage is delivered to) agrees to pay Aitrago a Service Fee, in a separate agreement, on a percentage of the total price of the transaction paid by the member online for the order booking.
- Aitrago will deduct the Service Fees from the amount of the transaction paid by the member online for the order booking before payment to the Aitrago partner A and Aitrago partner B respectively.
10. Warranties and representations
10.1 You warrant and represent to us that:
(a) you have full authority, power and capacity to agree to these Terms and Conditions;
(b) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(c) you will be able to claim your luggage in accordance with these Terms and Conditions.
10.2 We warrant to you that:
(a) we have the right to deliver the services that you purchase;
(b) the services you purchase will correspond to any description published on our website; and
(c) the services you purchase will be of satisfactory quality.
10.3 All of our warranties and representations relating to the supply of services are set out in these Terms and Conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.
11. Limitations and exclusions of liability and insurance
11.1 Nothing in these Terms and Conditions will:
(a) limit or exclude any liability for fraud or fraudulent misrepresentation;
(b) limit any liabilities in any way that is not permitted under applicable law; or
(c) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these Terms and Conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
11.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our website or these Terms and Conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11.6 Aitrago has taken out an insurance policy for members who have a confirmed order booking with insurance selected on our website and online payment has been completed. This insurance covers the material value of the goods stored or delivered but excluding items stated in clause 5.14. The insurance policy includes basic coverage (damage, loss, destruction, theft) compensation limit.
11.7 In respect to above section 11.6, our aggregate liability to you in respect of any single confirmed order booking from us under these Terms and Conditions shall not exceed Hong Kong Dollars five thousand [HK$5,000].
11.8 Aitrago will not be liable for any conflict arising between a Aitrago partner, transport agent and a member for any reason. However, Aitrago agrees to deal with any complaint written to Aitrago via email info@aitrago.com , the Aitrago team will respond as quickly as possible. No complaint of any kind will be accepted more than 48 hours after the time the luggage has been claimed.
12. Order termination
12.1 At the time the luggage is dropped off and checked by the Aitrago partner, the Aitrago partner has the right to terminate the services in the event of the member’s failure to comply with it’s commitments e.g. unauthorized items in luggage, non-compliance with these Terms and Conditions, etc. or in the event of Aitrago partner’s non-compliance with their commitments and/or with these Terms and Conditions, Aitrago agrees to refund the member the amount paid online for this order booking in full or in part.
13. Consequences of order termination
13.1 In the event of termination, members accept the following consequences:
- Aitrago reserves the right to delete the member’s account (if applicable) if a member is in non-compliance with their commitments and/or these Terms and Conditions.
13.2 In the event of termination, Aitrago partners accept the following consequences:
- Aitrago will cancel the payment of the amount owed to the Aitrago partner for this order booking. The Aitrago partner expressly agrees that the total amount of this order booking, including the Service Fees, will be deducted from the Aitrago partner’s account when they are paid for future transactions.
- Aitrago reserves the right to terminate the business relationship with the Aitrago partner and delete the Aitrago partner’s account (if applicable) if the Aitrago partner is in non-compliance with their commitments and/or these Terms and Conditions.
13.3 If a contract under these Terms and Conditions is terminated in accordance with Section 12:
(a) we will cease to have any obligation to deliver services which are undelivered at the time of termination;
(b) you will continue to have an obligation where applicable to pay for services which have been delivered at the time of termination (without prejudice to any right we may have to recover the services).
14. Scope
14.1 These Terms and Conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
14.2 These Terms and Conditions shall not govern the provision of any services by us or any third party in relation to the services.
15. Variation
15.1 We may revise these Terms and Conditions from time to time by publishing a new version on our website.
15.2 A revision of these Terms and Conditions will apply to order bookings entered into at any time following the time of the revision, but will not affect order bookings made before the time of the revision.
16. Assignment
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these Terms and Conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.
17. No waivers
17.1 No breach of any provision of a contract under these Terms and Conditions will be waived except with the express written consent of the party not in breach.
17.2 No waiver of any breach of any provision of a contract under these Terms and Conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
18. Severability
18.1 If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Third party rights
19.1 A contract under these Terms and Conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties' rights under these Terms and Conditions is not subject to the consent of any third party.
20. Entire agreement
20.1 Subject to Section 11.1, these Terms and Conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our services and shall supersede all previous agreements between you and us in relation to the sale and purchase of our services.
21. Law and jurisdiction
21.1 These Terms and Conditions shall be governed by and construed in accordance with the law of People’s Republic of China Hong Kong Special Administrative Region (HKSAR).
21.2 Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of People’s Republic of China Hong Kong Special Administrative Region (HKSAR).
22. Statutory and regulatory disclosures
22.1 We will not file a copy of these Terms and Conditions specifically in relation to each user or customer and, if we update these Terms and Conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these Terms and Conditions for future reference.
23. Our details
23.1 Our website is owned and operated by Aitrago Limited.
23.2 Our principal place of business is at Unit B&C, 20/F., Fullwin Commercial Centre, 573 Nathan Road, Kowloon, Hong Kong.
23.3 You can contact us:
by email, using info@aitrago.com