Provision Of Guarantee
Definitions:
The Company: Safe-Sac JV.
Claimant: A passenger whose Luggage was wrapped by the Company.
Luggage: Suitcases, Baggage, purses, knapsacks boxes, cases and packages wrapped for protection by the Company.
Contents of the Luggage: Subject to the exclusions as per the terms of this document stated below, include all objects which are the Claimant’s belongings and personal property, which were packed by the Claimant and are contained in the Luggage of the Claimant who acquired Safe-Sac protective wrapping services.
Guarantee: A financial undertaking made by the Company for payment to the Claimant of a supplementary compensation in case of damage or definitive loss of the Claimant’s Luggage, which is subject to the terms and conditions of this document.
GENERAL TERMS AND CONDITIONS:
1. The Company shall provide Guarantee for damaged or definitive loss of checked-in Luggage and the Contents of the Luggage as per the terms of this document.
2. EXCLUDED ITEMS: The Company shall NOT provide Guarantee for the following items which may be part of the Contents of the Luggage:
a. Any valuable objects, such as jewellery, precious stones, pearls, watches, furs, coats, leather goods and/or clothes,
b. Change, coins in any currency, banknotes in any currency, cheques, other valuable papers and/or documents, transport tickets, photos, stamps, documents, keys, bonds and other certificates,
c. Beauty products,
d. Bicycles, tents, surfboards, mobile phones, scuba diving equipment, computers and other electronic devices, as well as spare parts and accessories,
e. Musical instruments, carpets, art objects, antiques, collections, binoculars, photographic, cinematographic and video equipment, equipment for recording, transmission and reproduction of sounds, signals or images, hardware, software, data,
f. Prostheses, crutches, wheelchairs and medical devices, hunting guns, as well as spare parts and accessories,
g. Glass, sunglasses, lenses of glasses, contact lenses.
3. NO PAYMENT FOR PARTIAL LOSS/DAMAGE: The Company shall not provide Guarantee for any partial loss and/or damage i.e. for loss of part(s) of the Contents of the Luggage.
4. FURTHER EXCLUSIONS: The Company shall not provide Guarantee where any of the following circumstances apply:
a. Any circumstances known by the Claimant at the time of entry into force of the Guarantee concerned which would have reasonably expected to have led to the incident of loss or damage of the Luggage.
b. Where damage or loss of Luggage resulted from intentional, or voluntary acts, or impulsive acts.
c. Activities associated with specific work or occupational risk
d. Where the Claimant breaches any of the legal or official provisions concerning the Luggage or its Contents.
e. Wars, civil wars, insurrections, riots, terrorist attacks and their consequences.
f. Where damage or loss of Luggage is a result of force majeure, or due to decisions of authorities, or restriction of movements, or due to hijacking.
g. Any damage of the wrapped Luggage without damage or accidental opening of the wrapping.
h. Pre-existing faults in the Luggage or defective Luggage.
5. MAXIMUM GUARANTEE: The Company’s maximum liability to the Claimant is:
a. Up to €3000 (Three thousand Euros) in the event of the loss of the Luggage with all Contents of the Luggage.
b. Up to €800 (Eight hundred Euros) in the event of damage of the Luggage (excluding the Contents of the Luggage).
c. Irrespective of the number of contracts concluded with the Company the maximum amount of Guarantee per Claimant over a period of 5 years is €5000.
6. EXCESS AMOUNT TO BE SUBTRACTED FROM THE MAXIMUM GUARANTEE:
a. Loss Luggage with all Contents of the Luggage – €100 (One Hundred Euros) per claim.
b. Damaged Luggage – €30 (Thirty Euros) per claim.
7.TERM OF GUARANTEE: From time of Luggage checked-in in Larnaca or Paphos International Airports in Cyprus until collected at the destination airport.
8. The Claimant must inform the Company of all conditions and/or circumstances known to him and which he has to reasonably consider as constituting increased elements of risks to the Company.
9. CHECK OF LUGGAGE CONDITIONS BY CLAIMANT: When the Luggage arrives at the destination airport, the Claimant must remove the film and check if there is any damage before leaving the baggage claim area of the destination airport.
10. COMPLETION OF THE P.I.R.: In case of damage or loss, the Claimant must fill out the P.I.R. (Property Irregularity Report) at the Lost & Found desk, before leaving the claim area of the destination airport.
11. MAKING THE CLAIM: After filling out the P.I.R., the Claimant must notify the claim to the airline, asking for a \compensation. Within 3 days from the arrival date at the destination airport, the Claimant must register its claim to the Company by e-mail ([email protected]) or through the web page www.safe-sac.com, attaching a copy of the P.I.R. If the Claimant does not make the claim to the carrier and the Company in accordance with the terms of this document, the Company reserves the right to deny any Guarantee.
12. FILING YOUR CLAIM: After registering the claim and submitting of the documents specified in 14(d) below, the Claimant shall receive a Detailed Claim form to be filled out with the claim information and specification of the economic value of the damage/loss incurred, and the Claimant must return the signed Detailed Claim form to the Company.
13. THE COMPANY’ S UNIQUE IDENTIFICATION NUMBER: In case of lost Luggage, with the Company’s identification number (located on the sticker on the wrapping and on the document handed with the Guarantee terms), provided that the Claimant authorises to do so, the Company may assist the Claimant with tracing of the lost Luggage by conducting the airlines. Should the airlines provide the Company with any information regarding said Luggage the Company shall immediately inform the Claimant accordingly. The Company will have no responsibility if its assistance for Luggage cannot be provided due to the unwillingness of the airlines to provide the Company with the necessary information. The Company is not responsible for the loss of the Luggage and assumes no responsibility for the lost item, nor has a direct knowledge of the Airlines internal procedures for relocating lost Luggage.
14. GUARANTEE BY THE COMPANY IS SUBJECT TO THE FOLLOWING REQUIREMENTS:
(a) the Luggage must have been checked-in (with baggage tag) and dispatched by authorised personnel of the airline or handling services,
(b) the Claimant must have notified the loss/damage in accordance to the terms 9- 12 above,
(c) the Luggage must have been protected by wrapping by the Company, and
(d) submittal by the Claimant of the following documents:
(i) Copy of P.I.R. (Property Irregularity Report),
(ii) Copy of wrapping receipt,
(iii) Copy of the airline ticket and Luggage tag, showing checking time within 24 hours from wrapping,
(e) Submission by the Claimant of the copy of airline compensation, showing the claim amount received, and any other document concerning the circumstances, consequences and extent of the damage.
(f) Submission by the Claimant of Detailed Claim Form.
If the Claimant fails to submit all necessary documents and information required and described in paragraph 10 to 14 of the Provision of Guarantee within 20 calendar days of the date of the departure, the Company reserves the right to reject the claim and refuse pay any compensation.
Where the claimant fails and/or neglects to follow his obligations as stated on this document, he may lose his rights to claim any Guarantee from the Company. The breach by the claimant of any of his obligations as stated in this document, with fraudulent, intentional omission or intentional inaccuracy in the declaration shall always result to the loss of the rights and benefits of the claimant.
15. NON-REFUNDABLE CLAIMS: The Company shall NOT pay for any of the following claims:
(a) any claim not communicated to Company within 3 days of occurrence and as per clause 11 above;
(b) any claim for which airline compensation has not been received;
(c) any extra expenses for first necessity goods as well as expenses or inconveniences caused by loss/damage;
(d) where the amount declared/claimed by the Claimant is fully paid by the airline or if Luggage is repaired or replaced;
(e) for any items referred to in clause 2a to 2g above as exempted.
16.GUARANTEE:
The Company will pay for any Guarantee to the Claimant provided that the airline has compensated the Claimant for total loss or damage of the Luggage.
The Guarantee may not be higher than the amount paid by the carrier/ airline, and the sum of the Guarantee and the compensation by the carrier/ airline may not be higher than the Maximum Guaranteed referred in this document.
The Company will proceed with payment within 90 days after receiving from the Claimant the letter of the airline compensation.
The Guarantee will be paid on the basis of the commercial value of the object lost at the moment the claim occurs, excluding any sentimental value.
In the event of partial damage of the Luggage only the repair of the object is compensated excluding damage appraisal and transport cost. In the case of replacement of the Luggage or repair, proof of the cost must be provided.
The Guarantee cannot be higher than the price the Claimant actually paid when he/she originally purchased the object lost.
The Guarantee does not include any sort of indirect damages.
Each item contained in the Luggage cannot be compensated more than 30% of the Maximum Guaranteed in this document.
17. IF THE LUGGAGE IS FOUND:
- CLAIM CLOSING: If the Luggage arrives without damages, the Claimant should notify the Company in order to close/delete the claim.
- FILL OUT a new P.I.R. FORM: If the Luggage is found and is damaged, the Claimant must submit a new P.I.R. and notify the Company accordingly.