Terms & Conditions

1. Object and scope

These General Conditions of Use and Contractualization apply to any and all commercial transactions established through the website.

Thus, any use of services provided by LUGGit implies the full acceptance of these General Conditions of Use.

2. Definitions

For the purpose of these Terms and Conditions governing the Contract of Service between LUGGit and the Customer, the following terms shall have the following meaning:

1. Service: transport of goods, which consists of reception and movement, by land transport, of goods between different places located in the national territory, and their delivery to the recipient. Such service may be carried out directly by LUGGit or with recourse, whole or in part, to the subcontracting.
2. Other services: services other than transit services performed by LUGGit, individually and in concrete contracted with the Customer;
3. Customer: individual or legal person who hires the transit service from LUGGit, in accordance herein, and must, for this purpose, be the rightful owner of the goods or not being duly authorised and mandated by the owner for that purpose;
4. Goods: any type of luggage, understood here as a set of bags and personal belongings that a person takes with him or dispatches on the go;
5. Collection point: location designated for collection of goods;
6. Delivery point: location designated for delivery of the goods;
7. Keeper: individual or legal person who carries out the transport by the prior conclusion of a service contract with LUGGit for that particular purpose;
8. Partners: third parties with which LUGGit maintains partnership business relationships and in which it may delegate contractual rights and obligations arising from the performance of this contract;

3. Acquisition of LUGGit Services

By purchasing services from LUGGit through the website, the Customer accepts on its behalf or on behalf of any third party that has rights over the goods, the terms and conditions provided herein, without mandatory additional need to sign any other document.

With request confirmation for the provision of LUGGit service, the Customer is entering into a transit contract governed by the Terms and Conditions provided herein and resulting directly from the applicable legislation.

4. Pre-contractual information for the Customer

The acquisition of LUGGit services when carried out by a Customer in the Terms and Conditions described is governed by the general contractual conditions established herein and other legal provisions applicable to the transport system, under the regime provided for in Decree-Law No. 7/2004 of January 7 and Decree-Law No. 24/2014 of February 14.

Thus, for these cases, LUGGit is obliged, in compliance with the law, to provide the following information:

1. Identity of the services: "BUS TERRACE TECHNOLOGIES LDA.", LUGGit, with headquarters in Via do Conhecimento, Edifício Central, Parque da Ciência e Inovação 3830-352 Ílhavo, Portugal, District of Aveiro, Municipality of Ílhavo, Parish of Ílhavo (São Salvador), as the collective No. 515274003, represented by Ricardo Fernandes Salgueiro Figueiredo, tax contributor No. 258339020. The Service Provider may be contacted via email to [email protected];
2. The essential features of the LUGGit services are those provided on the website and in these Terms. Whenever the Customer has doubts about them, he/she should contact LUGGit, through the contacts made available here for this purpose. The availability of the service is always subject to prior validation by LUGGit (acceptance of the request for the provision of services);
3. The total price of the service, including fees and taxes, or any other charges that may exist, in particular with possible storage, as well as the method of calculating them, are presented to you in these Terms and Conditions and therefore, before completing your request;
4. The payment arrangements and time limits for the service provision are those contained in these Terms and Conditions, except where others are determined before the conclusion of the contract, that is, before acceptance of the service to be provided;
5. The complaints handling system will be provided here;
6. The Customer may exercise the right of free resolving within 14 days of the day of the conclusion of the service contract. To this end, the Customer may send an email to [email protected], communicating his decision to resolve the contract and will be reimbursed for the costs he had in the meantime. Where the Customer wishes the service provision to start during the period of free resolution (i.e. during 14 days), he/she must make an express request to that effect when requesting to provide the service. If the Customer is entitled to exercise his right after having applied to initiate the provision of service, the Customer is obliged to pay a proportionate amount to the service which has already been provided. Please be aware, however, that this amount will be calculated based on the total contractual price. Notwithstanding the preceding, it is impossible for the Customer to freely resolve the service agreement when the services have been fully provided, after the Customer’s prior express consent in the terms already mentioned herein and the contract has been fully executed.

5. Provision of Services

5.1 Availability

The availability of the provision of the transit service will always be subject to prior acceptance by LUGGit.

5.2 Service request information

The Customer undertakes to provide all the information requested to complete the service request, ensuring and being responsible for its integrity.

5.3 Payment and Modalities

The Customer must make the full payment of the price before the start of the execution of the service and can do so by credit card directly on the website.

5.4 Goods, products and substances expressly prohibited from transporting

LUGGit does not accept and do not carry dangerous products, as specified in the instructions of International Civil Aviation Organization, International Air Transport Association, Regulation of the European Agreement for the Carriage of Dangerous Goods by Road, Internal Maritime Transport Code for Dangerous Goods, or any other instrument, national or international, related to the transport of dangerous goods.

LUGGit does not accept and does not carry prohibited items described in INSTRUCTION IACO 17 or any other instrument, national or international, relating to aeronautical safety. LUGGit does not accept and does not generally carry prohibited items.

LUGGit does not accept and does not generally carry valuable goods such as jewellery, precious stones and metals; bank documents or other bearers; any type of document, which the value is not determinable; works of art; porcelain; collection items; cash items; lottery tickets or other; fragile and unfit objects to be transported under the packaging conditions in which they are delivered; radioactive material, explosives and all types of weapons; all kinds of drugs and illegal substances; hazardous materials; perishable items; living things; any other product or good that may or make the total and complete execution of the service impossible.

LUGGit reserves the right to, in case of certain doubt, require the opening of the goods before its reception and also to submit them, whenever it deems appropriate, to necessary safety screening care, in particular through the use of X-ray equipment, explosion or other safety verification equipment, accepting the Customer, expressly and for all appropriate legal purposes, that the goods to be transported can be examined under these conditions.

5.5 Price Determination

1. General Conditions:

   The price of LUGGit services is calculated based on a set of variants, namely: volumes to be carried (quantity and dimensions); kilometres to be covered between the collection point and the point of delivery; the date of collection and delivery; airport charge, where applicable; and possible discount amounts;

   The price will be calculated automatically using the data entered by the Customer when filling out the form on the website. If they do not correspond to the truth, LUGGit, through its Keeper, upon collection of the goods, reserves the right to change the price by performing a new calculation with the correct data or not to perform the service at all.

   The values shown are reference values and do not include VAT at the legal rate:

   1. Volumes to be transported

      1. Luggage up to 10 Kg: 1,50€ (first unit) and 2,40€ (for each additional unit);
      2. Luggage between 10 and 30 Kg: 2,50€ (first unit) and 3,60€ (for each additional unit);
      3. Luggage out of format here is considered: golf equipment, surfboards, small musical instruments, tennis rackets, baby and child equipment; and other equipment similar to those described above: 4,00€ (first unit) and 6,40€ (for each additional unit). LUGGit reserves the right not to perform the service whenever the format and dimensions of the goods do not allow it to do so under legal and safety conditions.

   2. Kilometres (between the place of collection and delivery of the goods):

      1. Less than 10 KM: 0,29€/KM;
      2. More than 10 KM: 0,18€/KM.

   3. Airport Fee:

      1. 2,50€ per service (only when the delivery has the location of the airport).

   4. Delivery date:

      1. Between 2,50 € (minimum day value) and 7,00 € (maximum day value), depending on the number of hours planned for delivery after the collection of the goods;
      2. When the time between collection and delivery is less than or equal to two and a half hours, this value has a maximum of 5€;

2. Particular Conditions:

   1. In case of cancellation of the service by the Customer:

      The Customer is not granted the right to suspend the transport, modify the place provided for delivery or designate a recipient other than the one indicated initially. The Customer may, between the request made and the beginning of the execution of the service, cancel the service.

   2. In case of change in the conditions of service by the Customer:

      The Customer is solely and exclusively responsible for indicating the conditions of the service and must identify these elements thoroughly and fairly, at the time of the request of the service: the places of reception and delivery of the goods; the date and time for the reception and delivery of the goods; the contact person to whom to deliver the goods.

      The Customer is not granted the right to suspend a transport service that has already started, modify the intended place for delivery, the date, or designate a recipient other than the one indicated initially.

   3. In case of Customer misses the collection/delivery:

      Suppose the collection and/or delivery are not possible up to 15 minutes after the time previously set by the Customer, no-show or delay of the same or of the person indicated by him/her for that purpose. LUGGit’s team will promptly contact the Customer through the means indicated for this purpose, in the request, to find a solution for the collection/delivery of the goods or to reschedule the same.

      Exceeding 30 minutes of the stipulated time, and if it is still not possible to realise the service, and the rescheduling is not a reality within a maximum of 3 days, for a reason attributable to the Customer, the goods will be treated as "Unclaimed Goods", and the Customer will incur on the payment of all costs incurred for this purpose by LUGGit. After 30 days after receipt of the goods, the goods will be given as lost, and LUGGit may proceed to the destruction of the goods using the most appropriate means to each specific case.

   4. In case of Keeper misses the collection/delivery:

      Suppose the collection and/or delivery are not possible to do up to 15 minutes after the time previously stipulated by the Customer, namely by no-show or delay of the Keeper. LUGGit’s team will promptly contact the Customer through the means indicated for this purpose, in the request, to find a solution for the collection/delivery of the goods or to reschedule the same.

      Exceeding 30 minutes of the stipulated time, and if it is still impossible to realise the service for reasons attributable to the Keeper, rescheduling is not a reality for the Customer. It is the Customer’s right to leave the location and require that the goods be delivered to him/her elsewhere and at his/her choice, and LUGGit will bear the expenses with the new delivery.

5.6 Conditions for receiving goods

The goods subject to the contract, to be made by LUGGit and the Customer, will be sealed using a numbered safety seal that guarantees to monitor the same, authorising the Customer this security procedure.

LUGGit will not accept to carry goods that cannot be sealed or that are not correctly closed. In these cases, LUGGit may refuse to perform the service.

When collecting the goods, LUGGit shall register, by its Keepers, in the Transport Guide, all reservations it deems relevant, namely all the damage and defects existing in the goods if they are apparent. The Customer, who delivers it, should confirm the existence of the same, under penalty of LUGGit being able to refuse the execution of the service without costs to the Customer.

In the Transport Guide and upon payment of a supplement to agree in each specific case with LUGGit, the Customer may declare particular interest in the transit of the goods in case of loss, failure or non-compliance with the agreed deadline. LUGGit reserves not to perform the service whenever it does not agree on the amount of the supplement payable for that purpose.

5.7 Obligations to handle and transport the goods

LUGGit compels to handle and transport the goods under normal safety conditions for the type of goods that the contract’s subject concluded with the Customer. LUGGit also obliges not to open the goods, except in a situation of imminent danger or in case of legal imposition.

5.8 Accountability and cases of greater force

LUGGit is not responsible for situations of fortuitous cases or force motives, resulting from unforeseen events or natural forces beyond human action, not likely to be avoided or conditions that create the impossibility of fulfilling the performance that cannot be attributable or attributable to LUGGit, particularly in situations such as natural disasters, pandemics, terrorist attacks, wars, epidemics, among others. When this is the case, LUGGit shall take the necessary measures to immediately inform the customers of the circumstances and foreseeable consequences of these impossibilities.

5.9 General statements of obligations and rights of the Customer

1. By making any request for service, the Customer warrants that he/she owns or legitimately owns the goods to be transported and assumes any liability for it, including, but not limited to, its content, before any national or international authorities and/or third parties who may claim any rights in them for any reason;
2. The Customer guarantees that the goods to be transported do not contain goods contrary to law, morality and good customs, or whose transportation is not permitted in the legal Portuguese.
3. In the event of apparent evidence manipulation or defect, the Customer, or the person he/she indicates for that purpose, must, at the time of reception/acceptance of service, formulate reservations indicating the nature of the loss or malfunction. In the absence of these reserves, it is presumed that the goods were in good condition and complete; nothing more the Customer or any other third party can complain in this regard. In case of a non-apparent defect, the Customer, or the recipient of the goods, has eight days from the date of reception/acceptance to formulate reservations and communicate them in writing to LUGGit to the email address for complaints and which is identified below.
4. The Customer is liable, as well as the terms provided herein, for all expenses and losses resulting from inaccuracy or insufficiencies contained in the service requested and in the Transportation Guide, as well as for all the expenses arising from the procedure of verification of goods, and also for all expenses and losses caused as a result of the right to suspend the transport, and to modify or designate different conditions, except in cases expressly provided herein as not applying this rule.
5. Whenever there is a situation of the impossibility of fulfilling the contract, LUGGit must ask for instructions from the Customer or the person indicated for this purpose, in accordance herein. However, if it is not possible, in good time, to obtain such instructions and, consequently, to return the goods, LUGGit will take the most appropriate measures for its preservation. LUGGit is entitled to reimbursement of all costs caused to it by the application for investigation, as well as its execution and conservation unless they are the result of LUGGit’s absence.
6. The Customer acknowledges to LUGGit the right to retain the goods transported as a guarantee of the payment of all due and chargeable credits under the terms revised herein, in particular, all types of fees or costs and additional expenses.
7. The Customer declares for all legal and unreserved purposes that it accepts the terms and limitations of LUGGit's liability under the terms set forth herein.
8. The Customer may monitor the route of the goods to be transported through LUGGit’s Mobile Application made available for this purpose.

5.10 General statements of LUGGit's obligations and rights

1. After the delivery of the goods in the terms indicated by the Customer in the request, LUGGit assumes no responsibility for damage, loss, theft, or robbery, except in the cases expressly provided herein and where the situation of unapparent defect or loss is reduced, and provided that the procedure herein is fulfilled to assess the possible liability of LUGGit.

2. Until the delivery of the goods is completed, LUGGit, regardless of whether the transport is provided by itself or by a third party contracted by it, assumes, in addition to any liability that may be required of it, and following the applicable law, in each specific case, the following contractual responsibility, also committing itself to each situation in agreement, to find the most appropriate form to do so:

   1. In the event of a total or partial loss or malfunction on the goods during transport, LUGGit assumes the duty to indemnify the Customer in the amount corresponding to 10€ per kg of the gross weight of the missing goods, unless it is a situation of declaration of the value of goods or in conditions of delivery by reimbursement, in which LUGGit may, taking into account each specific case, assume a maximum and total responsibility, either before the Customer or before any third party, of 1200€ per unit of goods.
   2. In case of delay in delivery, the maximum compensation to be borne by LUGGit shall be, for each unit of goods, of value equal to the value of the transport, unless it is a situation of particular interest in the delivery, in which LUGGit has, in the light of each specific case, assumed a maximum and total responsibility, either before the Customer, or to any third party, of 1200€ per unit of goods.

   LUGGit will not assume any responsibility in the following cases:

   1. Where the loss, malfunction or delay results from the very nature or vice of the goods;
   2. Where the loss, malfunction or delay results from lack or defect of packaging;
   3. Where the loss, malfunction or delay results from poor maintenance, loading, storage or unloading of the goods by the Customer or by a third party that the Customer indicates for that purpose;
   4. Where the loss, malfunction or delay results from circumstances outside its control, such as fortuitous or greater force situations, interruptions of the land-based transport networks, mechanical problems in the means of transport used, criminal acts.
3. LUGGit may under no circumstances be liable for consequential losses or damages, including lost profits and emerging damages, or other indirect losses resulting from loss, malfunction or delay, even if LUGGit was aware that there was a possibility that such damages or losses could arise.
4. LUGGit is insured (insurance conditions here) for damage, loss, deterioration, theft or robbery, in the amount of up to €1,200.00 (one thousand and two hundred euros), per unit of goods transported. For this coverage to be triggered, the Customer must submit a complaint, through the proper means made available for this purpose, at the time of delivery of the goods or, as soon as possible and always within the maximum legal time limits provided for this purpose and must do so accompanied by detailed identification of the missing goods and their value.
5. Once the amount of the compensation has been paid to the Customer, in accordance herein, nothing more can be claimed to LUGGit regarding the loss or breakdown of the goods. The payment of all damages will be made by bank transfer to the account to be indicated by the Customer.

6. Complaints procedure

Any complaint about LUGGit's services and the delay or loss, and/or malfunction of goods must be made at the email address [email protected].

The claim shall include, where appropriate, the damage caused in particular and accurate quantification of the damage suffered. The receipt of the complaint will initiate the opening of an internal investigation process and LUGGit will contact the Customer, by the most appropriate means, within a maximum of 2 days from the date of receipt of the complaint. The investigation process and the final decision on the complaint shall be taken within a maximum period of 15 days of receipt of the complaint or the date on which the missing elements are lodged. LUGGit has requested these.

When the complaint is submitted, LUGGit decides to return the amounts paid by the Customer, which will be credited to your account for the following service.

The Customer undertakes to prevent any third party with rights in the goods from presenting or instituting any type of claim or legal action against LUGGit due to the transport. It is entitled only to him/her to do so, under penalty of being held liable by LUGGit for all damages resulting from the third party's action against LUGGit