Compensation Terms and Conditions
1.1 My Baggage will only be liable for loss of, or damage to (which includes destruction of) and delay in conveying a Consignment if caused by its sub contracted couriers negligence.
1.2 My Baggage shall pay compensation for the actual value of the contents of the Parcel to the Customer for loss of or damage to a Consignment (if caused by its couriers negligence or those for whom it is vicariously liable) up to the limits for the Service, as set out in My Baggages terms and conditions.
1.3 Except as referred to in Condition 1.1 and 1.2 My Baggage shall not be liable to the Customer or any other person for any loss of, or damage to, or any delay in the collection, conveyance or delivery of any Consignment(s), whatsoever and howsoever such loss, damage or delay was caused, whether from contract, breach of statutory duty, tort (including negligence), or otherwise.
1.4 My Baggage does not accept liability for any loss of contracts, business, profits, revenue, anticipated savings or any indirect or consequential loss or damage whatsoever or howsoever arising whether from contract, breach of statutory duty, tort (including negligence of My Baggage, it couriers, its officers, employees, contractors and agents), or otherwise.
1.5 Any compensation payable for loss or damage shall be limited to the repair costs of the actual item(s) damaged or, if they are lost or damaged beyond repair, their replacement cost, taking account of depreciation for wear and tear and compensation shall not in any event, exceed My Baggage’s stated limits of compensation as set out or referred to in its terms and conditions.
1.6 In addition to other compensation exclusions, My Baggage shall not be liable to pay compensation for loss of, or damage to a Consignment:
1.6.1 due to latent or inherent defect, vice or natural deterioration of items; or
1.6.2 containing Prohibited or no Compensation items, (where requirements have not been observed); or
1.6.3 containing tickets, or tickets which are exchangeable for goods or services (including without limitation, airline tickets or tickets for any mode of transportation); or
1.6.4 delays in delivery caused by adherence to My Baggage’s policies to provide a copy of the delivery record or a copy of the signature obtained at delivery; or
1.6.5 damage in transit or in handling of fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes and light bulbs or other inherently fragile items; or
1.5.6 My Baggage's couriers failure to honour "package orientation" graphics (e.g., "UP" arrows, "THIS END UP" markings); or
1.6.7 The Customer's failure to ship goods in packaging approved by My Baggage prior to shipment, where such prior approval is recommended or required; or
1.6.8 My Baggage's or its couriers failure or inability to attempt to contact the Customer or Recipient concerning incomplete or inaccurate address, incorrect or incomplete documentation, non-payment of duties and taxes necessary to release a Shipment, or incomplete or incorrect custom's broker's address.
2.1 Any compensation payable under these Conditions for loss of or damage to any Collectable shall be limited to the actual price paid by the Customer as confirmed by satisfactory written or printed evidence. Such compensation will not exceed the compensation limits set out in the terms and conditions.
2.2 My Baggage shall not be liable to pay any refund or compensation in respect of a Consignment containing Prohibited Goods or otherwise despatched in contravention of any provision of these Conditions. My Baggage shall not be liable to pay any refund or compensation in respect of a Consignment which is damaged, lost or delayed as a result of it being inadequately packaged, incorrectly addressed or accompanied by incomplete despatch or customs documentation.
2.3 My Baggage shall not be liable in respect of any Consignment where any person has been fraudulent or dishonest in any way in respect of that Consignment or misrepresents his authority to receive a Consignment on the Recipient’s or Customer’s behalf.
2.4 My Baggage shall not be liable to pay any refund for late delivery.
3.1 All claims for compensation for loss or damage and refunds for delay must be made on a fully completed My Baggage claim form which must be received by My Baggage within 14 days of the item being collected.
3.2 My Baggage may make such investigations as it deems necessary to satisfy itself of the validity of any claim and the Customer shall co-operate as is reasonable in the circumstances.
3.3 My Baggage may require the Customer to substantiate a claim by providing any relevant information about the Consignment including proof of Despatch, proof of value, estimates for repair costs, cost price, invoices, weight and nature of the item(s) lost or damaged. This may include requesting the Recipient to retain all packaging, or obtaining other documentary evidence and/or photographic evidence as requested by My Baggage from the Recipient of the Consignment.
3.4 Any information requested to substantiate a claim must be made available to My Baggage within 21 days of request.
3.5 The Despatch of sensitive data and documents, with contents including but not limited to names, addresses, bank details, signatures and dates of birth is entirely at the Customer's risk and no compensation is available for these items. Data stored on electronic media, for example data disks, hard drives, magnetic tapes or pen drives must be suitably encrypted. The Customer shall indemnify My Baggage against all actions, claims, proceedings and judgements together with costs incurred relating to loss, damage or disclosure of such data documents except to the extent that My Baggage has been negligent.