International Baggage Delivery Terms and Conditions

Excess Baggage Company (UK) Limited (BAGGAGE SHIPPING)

This document (together with the documents referred to in it) sets out the terms and conditions ("Terms") on which we supply any of the services ("Services") to you, namely the collection and transportation of items of baggage, boxes, sports equipment, cartons or any other package or object that may be selected when placing an order through our website excess-baggage.com ("our website") or via phone or email ("Items", each an "Item") and references to Item or Items shall be deemed to also include a reference to the contents of, and any part of, any boxes, suitcases/bags, any other packages or objects ,as specified by you when ordering the Services. Please read these Terms carefully before ordering any of our Services. You should understand that by ordering any of our Services, you agree to be bound by these Terms. You should retain a copy of these Terms for future reference. Please understand that if you refuse to accept these Terms, you will not be able to order any of our Services through our website, via phone, email or at one of our Excess Baggage Company (UK) Limited delivery points ("EB Delivery Points").

1. INFORMATION ABOUT US

1.1 Excess Baggage Company (UK) Limited (and the terms "we", "us", and "our" shall be construed accordingly) is registered in England and Wales under company number 04350241. Our registered office is 2 Provident Industrial Estate, Pump Lane, Hayes, Middlesex UB3 3NE.

1.2 You can contact us by telephoning our customer service team at 0208 897 5317 or by writing to us at baggage@excess-baggage.com or via post at Excess Baggage Company (UK) Ltd, 2 Provident Industrial Estate, Pump Lane, Hayes, Middlesex UB3 3NE.

1.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

1.4 When we use the words "writing" or "written" in these terms, this includes emails.

2. THESE TERMS

2.1 Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide the Services to you, how you and we may change or end the Contract (defined below), what to do if there is a problem and other important information. These Terms can be amended by us at any time before the Contract (defined below) is formed in accordance with clause 35. We will only amend these Terms after the Contract is formed if you agree to this in writing. If you think that there is a mistake in these Terms or that they require any changes, please contact us to discuss.

3. YOUR STATUS

3.1 By placing an order through our website, via phone or at an EB Delivery Point (as applicable), you confirm that:

3.1.1 you are legally capable of entering into binding contracts;

3.1.2 you are either the owner of the Item or have the authority to act on behalf of the owner; and

3.1.3 you are at least 18 years old.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 After placing an order for the Services in respect of an Item through our website, via phone or at an EB Delivery Point (as applicable), you will receive an e-mail from us acknowledging that we have received your order ("Order Acknowledgement"). Please note that the Order Acknowledgement does not mean that your order has been accepted. Your order constitutes your offer to us to buy the Services specified in the order. All orders are subject to acceptance by us, and we will confirm such acceptance to you by issuing a receipt confirming that the Service offer has been accepted (the "Confirmation"). The contract between us for the provision of the Services in respect of a particular Item or Items ("Contract") will only be formed when we issue you the Confirmation in respect of the Item or Items concerned.

4.2 We reserve the right, at our sole discretion, to reject your order for any reason whatsoever, including, without limitation, where the Start Location (defined below) and/or End Location (defined below) fall outside the areas or locations at which we provide the Services.

4.3 The Contract will relate only to providing the Services in respect of the Item or Items confirmed in the Confirmation. We will not be obliged to supply any other Services in respect of any other Item which may have been part of your order until the provision of such Services has been confirmed in a separate Confirmation.

4.4 The Services shall be limited to the collection (where applicable), transportation, customs clearance (where applicable and in accordance with clause 12), storage (where applicable) and delivery (where applicable) of the Item or Items referred to in the Confirmation.

4.5 Where any such surcharge/additional payment(s) for services rendered is due under these Terms, you authorise us to take subsequent payment(s) for the surcharge by means of continuous payment authority (CPA) using the credit/debit card details provided to us when placing your order.

4.5.1 Continuous Payment Authority (CPA)

4.5.1.1 Continuous Payment Authority Continuous Payment Authority is a recurring payment process where you authorise Excess Baggage Company (UK) Ltd to take money from your debit or credit card whenever we are owed money. Depending on the services rendered, payments can vary in frequency and amount depending on what is owed at the time.

4.5.1.2 As soon as your shipment's invoice(s) (see clause 22) is generated we will notify you via email or phone of our invoice and the amount we intend to deduct via Continuous Payment Authority. For UK exports, freight invoices are generated approximately one to three days after collection. For UK imports and cross trade (country to country shipment outside of UK) initial freight invoice is generated approximately one to three working days from completed documentation receipt with any subsequent invoices for weight/volume adjustments generated upon receipt of such information from the delivery carrier which is approximately two weeks after delivery. Where a shipment has been placed under storage or the item is booked for storage only please see Clause 29. Invoice(s) for any additional services requested by you (packing, wrapping, crating etc.) are usually made part of the freight invoice or generated separately upon completion of the agreed task. As soon as the invoice is generated and you are notified, the payment will become due immediately (the "Payment Date").

4.5.1.3 If the first attempt fails, we shall make one further attempt on the day after the Payment Date to collect the due amount. Please contact us if you are having repayment difficulties.

4.5.1.4 Where any attempt to recover, repayment fails we will immediately try to contact you by email, phone and/or text message. Please note your Item may be held and/or placed in storage resulting in additional charges if payments are not made on time (see clauses 29 to 31 for storage terms and conditions).

4.5.1.5 In authorising Continuous Payment Authority, which you will do in accepting these Terms, you permit us to charge any sums due to your card (see clauses 5.3, 8.1, 9.9, 9.10, 9.15, 11.3, 11.5, 15.6, 22 and 29 for details of charges that may become due to us) and to take payments as and when they fall due (see clause 4.5.1.2). You may cancel the Continuous Payment Authority by notifying us in writing at baggage@excess-baggage.com or via post at Excess Baggage Company (UK) Ltd, 2 Provident Industrial Estate, Pump Lane, Hayes, Middlesex UB3 3NE or by contacting your bank. In addition, you may opt to pay us via bank transfer, with an alternative debit/credit card or via a direct debit mandate (only in case of long term storage). You must ensure to clear in full all charges related to your shipment and arrange alternative payment method with us prior to cancelling Continuous Payment Authority.

4.5.2 Card Charge Back Claim

You accept that prior to requesting a charge back claim you must first contact us via email at baggage@excess-baggage.com to resolve the situation if you feel you have been charged incorrectly. If you do not follow this procedure, then you will be in breach of these Terms.

5. OUR QUOTATION

5.1 Unless otherwise specified, our quotation does not include cancellation fees, shipment protection, formal clearance, customs duties, taxes, ISF (Import Security Filing), X-ray, Examination, Quarantine & Inspection Fees, Agriculture Fees, Airline Charges, Wharfage Charges, Terminal Fee, demurrage, storage, Delivery order, Agency Fee, Cargo Dues, any port charges and other fees paid to government departments and/or agencies. Please see our quotation for further explanation of these fees and charges.

5.2 Our quotation is open for acceptance for 28 days from the date that it is issued.

5.3 Our price may be subject to amendment (both before and after the Contract is formed) where circumstances outside of our control mean that we will need to carry out extra work or there is a change to the work to that on which our written quotation was initially based or our costs increase as a result of changes beyond our control. These include where:

5.3.1 you do not want us to carry out the work until 21 days or more after you have accepted our quote;

5.3.2 our costs change because of any increase or decrease in currency exchange rates, freight charges, wages or petroleum products or any other factors outside of our control;

5.3.3 extra Items are moved and/or stored to which these Terms will apply;

5.3.4 we have to collect or deliver above ground floor or basement or any area involving stairs or lifts unless we have agreed to do so in writing;

5.3.5 we supply any extra services at your request this may include (but is not limited to) collections and deliveries outside of working hours, on weekends (Saturday, Sunday) or public holidays etc;

5.3.6 there are delays beyond our control (see clause 21.1.4.1 for examples of circumstances beyond our control);

5.3.7 the stairs, lifts or doorways are inadequate for easy collection/delivery, or the road or approach is unsuitable for our vehicles or, our carrier's vehicles;

5.3.8 the approach to the collection/delivery point is restricted beyond 15 meters from the doorway;

5.3.9 we are issued with parking fines or any other charges in order to carry out the services;

5.3.10 we are asked to provide access to your Item after collection;

5.3.11 we are asked to consolidate multiple shipments;

5.3.12 we are required to pack/wrap, repack and/or crate items or prepare a detailed inventory; and

5.3.13 any storage is required at origin or destination.

In all of the above circumstances adjusted charges may apply and become payable. The adjusted charges will be taken by Continuous Payment Authority in accordance with clause 4.5.

6. WORK NOT INCLUDED

6.1 The following work is not included in our quotation and we do not provide any such services:

6.1.1 the assembly or disassembly of any kind of furniture including flat packed, IKEA furniture or equipment;

6.1.2 the taking down or putting up of any electrical, gas or other fittings

6.1.3 the reaffixing of any fittings;

6.1.4 the disconnection or reconnection of any electrical items; and

6.1.5 moving Items from or to a loft/attic unless the loft/attic is properly lit, floored and has a safe means of entry and/or exit.

6.2 None of our employees or Carriers (defined below) are authorized or qualified to undertake any such work. We recommend that you contact companies that specialize in providing such services.

7. OUR CARRIER

7.1 Our Services are sub-contracted by us to a carrier corresponding to the mode of transport selected by you when placing your order (the "Carrier"). We do not normally handle Items and will normally arrange for provision of the Services by the Carrier. From time to time, however, we may elect, at our sole discretion, to provide the Services ourselves. To the extent that we do this, references to the Carrier in these Terms shall be deemed to mean us.

7.2 You agree that we may disclose your information to the Carrier for the purposes of the provision of the Services, management analysis and monitoring, the purchase and supply of customer materials, administration of customer accounts and the advertising of services and products provided by us or the Carrier.

8. YOUR ITEM

8.1 An Item must not:

8.1.1 exceed the relevant weights and dimensions specified in our documentation or on our website when placing your order; or

8.1.2 be of a weight or size such that, if lifted by a single individual, would place the Carrier in breach of the Manual Handling Operations Regulations 1992,

and any Items that exceed these weights and dimensions may be subject to a surcharge (which will be collected by Continuous Payment Authority in accordance with clause 4.5), or, at our sole discretion, rejected by us.

8.2 You shall for all purposes be treated as sole beneficial owner of the Item. You agree that if any other person shall in respect of any Item make any claim against us or the Carrier arising out of the Contract (whether arising out of any negligence, breach of duty or other wrongful act or omission by us, the Carrier or otherwise) outside or beyond our liability to you, then you shall pay us and/or the Carrier any costs incurred in connection with such claim (and all costs incurred by us or the Carrier in relation thereto). Neither we nor the Carrier shall be under any liability to you in respect of any such claim.

9. COLLECTION AND DELIVERY

9.1 Subject to any restrictions that you are made aware of when placing an order through our website, we will transport the Items from the location from which you choose to have the Items collected by us or where you deposit the Items with us ("Start Location") to the location at which you choose to have the Items delivered by us or made available for collection by you ("End Location") chosen by you when placing an order on our website, via phone or at an EB Delivery Point (as applicable).

9.2 It is your responsibility to ensure that the Items are made available for collection by the Carrier from the Start Location at the time specified in the Confirmation. If, owing to your failure to do so, the Carrier is not able to collect the Items at that time, you shall not be entitled to a refund for the Services already paid for in respect of those Items. For the avoidance of doubt, we are not responsible for the Items at any time prior to us receiving and taking them into our custody, including when they are in the possession of any third-party carrier that you have engaged.

9.3 Shipment transit & arrival times are estimates only to the best of our knowledge and should not be taken as a guarantee. We will make every reasonable effort to deliver your item from the Start Location to the End Location within the time frame provided in our written quotation however delays may incur due to reasons beyond our control (see clause 21.1.4.1 for examples of circumstances beyond our control).

9.4 If the End Location is an EB Delivery Point, you agree to provide photographic ID when you collect your Item. In all such cases, we will only release the Item to the person we reasonably believe to be the addressee specified in the Confirmation.

9.5 You acknowledge that your Item will be consolidated with those of our other customers for transport and neither we nor the Carrier will necessarily monitor the movement of individual Items at all points prior to delivery.

9.6 The route and method by which your Item is transported shall be at the Carrier's sole discretion.

9.7 Unless the End Location is an EB Delivery Point, the Carrier will make one attempt to deliver an Item. The Carrier may deliver an Item to the addressee shown in the Confirmation or to any other person appearing to have authority to accept delivery of the Item on the addressee's behalf (such as persons at the same premises as the addressee, neighbours of the addressee or, where the End Location is a hotel, a receptionist or other representative of the hotel in question) at the End Location. Where the End Location is a hotel, you must specify the name of the person that the room at the hotel is booked under, and to the extent possible, their room number, when placing the order. The Item will not necessarily be delivered to the addressee personally. The Carrier may use an electronic device to obtain proof of delivery and you agree that you will not object to the Carrier relying on a printed copy of this as evidence of delivery merely on the grounds that the information concerned is obtained and stored in electronic form.

9.8 Subject to clause 9.11 below, if the Carrier cannot obtain a receipt at the End Location and the End Location is a residential address, the Carrier shall be entitled to attempt to deliver and obtain an appropriate receipt at an address close to the End Location and, if successful, the Carrier will leave at the End Location details of the address at which delivery has been effected. If the Carrier is not able to deliver the Item, the Carrier shall be entitled to return it to the Carrier's premises, after leaving (at the End Location) a request for the addressee to contact the Carrier to make alternative delivery arrangements. If:

9.8.1 no such contact is made within a reasonable time;

9.8.2 the addressee refuses to accept delivery;

9.8.3 it transpires that the Item was incorrectly addressed; or

9.8.4 we do not receive your instructions within 30 days after the Carrier's second attempt (if a second attempt is made) to deliver the Item,

then you agree that:

9.8.5 the Carrier may attempt to return the Item to you at your cost; or

9.8.6 we or the Carrier may destroy or sell the Item without any further liability to you.

9.9 Subject to clause 9.10, you agree to pay us, as a surcharge, any costs we or the Carrier incur in storing, forwarding, disposing of, selling or returning the Item and the Carrier's charges (if any) for making a second or further delivery attempt, returning the Item to you and/or for the agreed appropriate next action. Such costs will be will be collected by Continuous Payment Authority in accordance with clause 4.5.

9.10 Where the End Location is a EB Delivery Point, we will store the Item free of charge for 12 working hours (a working hour being any hour when the relevant EB Delivery Point is open, as advised on http://www.left-baggage.co.uk/index/locations) from our notifying you that the Item are ready for collection, after such time we may levy, as a surcharge, a reasonable charge for storing the Item, which shall be payable in advance of the release of the Item to you.

9.11 If the Carrier is unable to deliver an Item because of an incorrect address the Carrier will make all reasonable efforts to find the correct End Location. We will notify you of the correction and the Carrier will deliver or attempt to deliver the Item to the correct End Location.

9.12 Neither we nor the Carrier accept any responsibility in any circumstances for the suspension of carriage under clause 13, redirected delivery (whether to a different address from that stated in the Confirmation) or the return of an Item to you, where you are in breach of these Terms, and, in the event that the Carrier should attempt but fail to do so, neither we or the Carrier shall have any liability for any losses occasioned thereby.

9.13 We do not deliver to post office box numbers or postal codes and we therefore reserve the right to refuse any order for such Services in such cases.

9.14 We are not required to provide you with proof of delivery of any Item.

9.15 Collections and/or deliveries where it takes the Carrier more than fifteen minutes from arrival at the Start Location and/or End Location, to load or unload the Item, may be subject to a surcharge, as specified on our website from time to time.

9.16 Unless otherwise agreed in writing by us, all deliveries and collections are conducted to/from ground floor address, kerbside, on working days and during normal business hours only.

9.17 You confirm that the premises are suitable for entry with our vehicles and any of our Carrier. Unless as a result of our negligence, should a claim arise for damage to property such as driveways or overhead cables, you undertake to pay any costs. Where we are found negligent, our liability shall be limited to making good the damaged area only.

9.18 Should any damage to the premises occur you must note all such damage on the Carrier instruction form (where it is apparent at the time of collection or delivery) and confirm it to us in writing within a reasonable time. Any damage to the premises that is not apparent at the time of collection or delivery must be notified to us in writing within a reasonable time of it being discovered.

10. DOCUMENTATION

10.1 When placing an order through our website or via phone or email, you shall be required to provide certain information about you, the Items, the Start Location and the End Location. Subject to clause 12.1, we will provide you with the standard required documentation for the Items' transportation from the Start Location to the End Location ("Documentation"), and it is your responsibility to make sure the Documentation is printed and securely affixed to the Items in accordance with any instructions given under clause 15.1.2.

11. PROHIBITED AND RESTRICTED ITEMS AND RIGHTS OF INSPECTION

11.1 The Services will not be provided (and any Services ordered may be cancelled without notice to you), and you agree not to order Services, in respect of the carriage or storage of any of the following prohibited items, or any items listed as such on the Prohibited & Restricted Goods page of our website ("Prohibited Items") or supplied in our documentation:

11.1.1 precious stones, precious metals, bullion, watches, jewellery, glass, furs, china, art, antiques, prescription drugs, fragile and perishable goods, money, vouchers, travellers cheques, banderols/tax stickers, bearer bonds, bills of exchange, promissory notes, stamps, photographs, documents of title to property, bank, credit, pre-pay or other store cards with a cash equivalent value, deeds, securities, mobile telephones, manuscripts or other documents or electronically held data records, portable media and or any items with batteries (air freight only), paints, coins or items or collection of a similar kind, perfumery, spirits, tobacco and cigarettes and any other goods which the Carrier may at its sole discretion deem to be valuable;

11.1.2 hazardous materials, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), ADR (European Road Transport Regulation on dangerous goods) or any applicable government department or other relevant organisation;

11.1.3 stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms (real or imitation and any parts of them), ammunition or weapons;

11.1.4 plants or goods likely to encourage vermin or other pests to cause infestation or contamination;

11.1.5 perishable items and/or those requiring a controlled environment;

11.1.6 any human remains, animals, birds or fish;

11.1.7 goods which require a special licence or government permission to export; and/or

11.1.8 any item which we or the Carrier decide cannot be carried safely or legally.

11.2 If you are in any doubt as to whether an item is a Prohibited Item, you must check with us before ordering the Services. Neither we nor the Carrier will be responsible for any Prohibited Items.

11.3 If you do send a Prohibited Item, we or the relevant Carrier may deal with the Item concerned as we/they see fit (which shall include without limitation the release, destruction or disposal of the Item without incurring any liability whatsoever to you or anyone else) and you shall be charged for all costs and expenses arising therefrom (which will be will be collected by Continuous Payment Authority in accordance with clause 4.5), and you will be responsible to us and to the relevant Carrier for all claims, losses, damage or injury suffered by us, the Carrier or any of their respective employees, subcontractors or agents by virtue of you having sent the Prohibited Item concerned.

11.4 Neither we nor the Carrier shall be responsible for any loss or damage to any items deemed unsuitable for shipment by the Services (as listed on our restricted items list ("Restricted Items")). You may send Restricted Items by using the Services but you do so entirely at your own risk (and neither we or the Carrier will be liable for any loss or damage to any Restricted Item) as no special handling is provided for Item containing Restricted Items. We or the Carrier may each in our absolute discretion refuse to carry Item containing Restricted Items.

11.5 Shipment of any Prohibited Item or any Restricted Item may be subject to surcharges, delays or confiscation by authorities, non collection, non delivery or return. If a Prohibited Item or Restricted Item is accepted by us or the Carrier and then later returned, we reserve the right for us to deny refund of carriage and apply charges for the return of the Item and for us or the Carrier to release, dispose of or sell the Item without incurring any liability whatsoever to you or anyone else. You will be responsible for any additional costs incurred in respect of the Item concerned (which will be collected by Continuous Payment Authority in accordance with clause 4.5).

11.6 Your Item will not be opened and/or searched by us or the Carrier without your consent, save where required to do so by HM Revenue & Customs, the Civil Aviation Authority, the UK Police Force, any quarantine or security agency, the airport operator, or any other regulatory or governmental authority.

11.7 Items may be subject to security screening which could include the use of x-ray equipment.

12. CUSTOMS CLEARANCE

12.1 This clause 12 shall not apply if you have booked a ‘to port only' or ‘to airport only' service, i.e. where the End Location is an airport or sea port. In such circumstances, the clearance of the Items through customs, and the payment of any charges or duties, shall be your sole responsibility. Clauses 12.2 - 12.7 shall only apply to international deliveries which have an End Location of a delivery address, i.e. a ‘to door' service.

12.2 You hereby appoint us and the Carrier as your agent solely for the purpose of clearing and entering the Item through customs and you hereby certify that we and the Carrier are the consignee for the purposes of designating a customs broker to perform customs clearances and entries. If any customs authority requires additional documentation or require special/formal clearance (broker clearance) for the purpose of confirming the import/export declaration or our customs clearance status it is your responsibility to provide the required documentation or arrange for special/formal clearance at your expense.

12.3 You certify that all statements and information you provide relating to the Item and the exportation and importation of the Item will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the Item you risk a civil claim and/or criminal prosecution, the penalties for which include forfeiture and sale of your Item. To the extent that we or the Carrier may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to be responsible to us and to the Carrier for any claims that may be brought against us or the Carrier arising from the information you provide to us or the Carrier and any costs we or the Carrier incur regarding this.

12.4 In the case of Items whose points of despatch and destination are both within the same customs area, the Carrier will only perform customs clearance if instructed to do so. You also agree that the Carrier may be considered as being the receiver of the Item for the sole purpose of appointing a customs broker to carry out any customs clearance, to the extent permitted by law.

12.5 We and/or the Carrier may refuse to accept Items where a customs declaration is required but has not been made by you.

12.6 The payment of any charges and/or duties arising out of obtaining customs clearance ("Customs Charges") in respect of an Item, whether incurred by the Carrier on your behalf, charged directly to you by the relevant customs authority or otherwise, shall be your responsibility. We and the Carrier reserve the right to delay delivery of any Item until such time as any Customs Charges are paid by you and, should we or the Carrier choose to exercise that right, we shall have no liability to you in respect of such a delay.

12.7 Unfortunately in some circumstances, for reasons beyond our control, you may be requested by the relevant customs authority to clear the Item through customs yourself, and to pay any resulting charges and/or duties directly to the relevant customs authority. During the order process, we will do our best to inform you if there is a likelihood of this happening, but we cannot be held responsible for any failure on our part to deliver the Item to the End Location, or any delay, costs, charges or duties incurred by you in such circumstances.

13. REFUSAL AND SUSPENSION OF CARRIAGE

If it comes to the attention of either us or the Carrier that any Item does not meet any of the restrictions or conditions set out in these Terms, we or the Carrier may refuse to transport the Item (or any shipment of which it is a part) and, if carriage is in progress, we or the Carrier may suspend carriage and hold the Item to your order.

14. PROCEEDS OF SALE

The proceeds of any sale of an Item pursuant to any provision of these Terms shall first be applied to any charges, costs or expenses and other amounts (including interest) outstanding in respect of the Item or otherwise due from you to us or the Carrier. Any balance shall be held to your order, but may be applied against amounts subsequently incurred by you to us or the relevant Carrier.

15. YOUR OBLIGATIONS

15.1 You confirm, represent and guarantee to us that:

15.1.1 any information provided to us when placing an order on our website or via phone or email, in accordance with clause 10.1, is true and correct to the best of your knowledge;

15.1.2 to the extent that any instructions on our website, or which we otherwise provide to you, require you to label the Item(s), the Item(s) has been correctly labelled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the Item(s) that can be clearly seen by the Carrier;

15.1.3 you have signed the Documentation in accordance with any instructions given by us when placing your order;

15.1.4 the addressee's full address including the postcode has been accurately and legibly completed on an address label securely fixed by you to a prominent position on an outer surface of the Item that can be clearly seen and the address is identical to that shown on the Documentation in respect of the Item;

15.1.5 the Item has been packed safely and carefully by you to protect against the ordinary risks of transport including any associated sorting process and the Item is adequate and not defective;

15.1.6 the Item has been prepared for carriage in secure premises by you or reliable staff employed by you and the Item has been safeguarded against unauthorised interference during preparation, storage and transportation prior to collection by the Carrier;

15.1.7 the Item is not, and does not contain, a Prohibited Item;

15.1.8 you have fully complied with the provisions of these Terms in relation to the Item;

15.1.9 all applicable customs, import, export and other laws and regulations have been complied with;

15.1.10 the value of any Item does not exceed GBP [10,000]; and

15.1.11 these Terms constitute binding and enforceable obligations on you and the addressee.

15.2 You take full responsibility for the security of your Items at the departure and destination points by being present yourself or by having someone present who is authorized to represent you.

15.3 You will be responsible for the protection of your Items in unoccupied or unattended premises. We shall not be liable for any loss or damage if you fail to protect your Items.

15.4 You will ensure that nothing is taken away in error or left behind by us or our Carrier.

15.5 You will obtain at your own expense all documents (customs, import, export, licences, permits) necessary for the shipment to be completed.

15.6 Unless we are notified in advance of an arranged parking space, you will pay for any parking or meter suspension charges which we incur whilst carrying out work for you unless such infringements arise due to our or our Carrier's negligence. We advise that if you are unsure of the parking requirements that you contact the local council. Any parking infringements incurred during the move will be invoiced to you and taken by Continuous Payment Authority in accordance with clause 4.5.1 unless such infringements arise due to our or our Carrier's negligence.

15.7 You will be responsible for emptying and sufficiently preparing appliances and equipment contained in your Items prior to their collection. We shall not be liable for any damage caused as a result of moving partially or fully loaded equipment.

15.8 You will ensure that all contents in your Items are clean and dry and where applicable without any residual fluid or liquid.

15.9 You will ensure all supplied Documentation is properly complete, signed and returned to us along with your up to date contact details.

15.10 You acknowledge that we are relying on the above confirmations, representations and guarantees in entering in to the Contract and you agree to pay us and/or the Carrier on demand for any liabilities suffered or any costs, damages or expenses (including the full amount of any legal costs) incurred either to you or to anyone else arising out of you being in breach of any of these confirmations, representations and guarantees even if an Item is accepted for carriage which contravenes any of your obligations.

15.11 If you chose to take advantage of our Standard Liability pursuant to clause 19 it will be your sole responsibility to declare to us, in writing, the value of the Item, or individual contents of your Item, depending on cover required. If it is subsequently established that the value of the Item, or individual contents of your Item, is greater than the actual value you declare, you agree that our liability under clause 19 will be reduced to reflect the proportion that your declared value bears to its actual value.

16. YOUR RIGHT TO CANCEL THE CONTRACT

16.1 This clause 16 will only apply if you are ordering Services as a consumer.

16.2 For most products and services bought online or via phone you have a legal right to cancel the Contract within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms. For the avoidance of doubt, you will not enjoy the benefit of these rights if you have ordered Services in person at one of our Left Luggage Facilities or at any of our offices.

16.3 You do not have the right to cancel the Contract between us where the Services being provided are the transport of goods and the Contract provides for a specific date or period of performance for such transport services ("Transport of Goods Services"). Where only part of the Services is the Transport of Goods Services, you will not be able to cancel that part of the Contract.

16.4 Where the right to cancel exists, you have 14 days to cancel the Contract after the day we email you the Confirmation. However, once the service has been initiated (i.e. a delivery or collection of Item has been arranged or we have received all or any part of the completed Documentation from your end) you will be liable to pay us charges related to any Services arranged up until the time that you request us to cancel the Services. In cases where we have completed the Services (i.e. the Item has been delivered in accordance with clause 9) you cannot cancel the Contract, even if the 14 day period is still running.

17. HOW TO CANCEL THE CONTRACT

17.1 To cancel the Contract with us in accordance with clause 16 (if you are ordering Services as a consumer and you have the right to cancel the Contract), please let us know by doing one of the following:

17.1.1 call customer services on 0208 897 5317 or email us at baggage@excess-baggage.com and tell us you would like to cancel the Contract. Please provide your shipment reference number, name, home address, details of the order and, where available, your phone number and email address; or

17.1.2 print off the form attached to the Order Acknowledgement and post it to us at the address on the form. Or simply write to us as that address, telling us you would like to cancel the Contract, and include the information required in the form.

17.2 If you are exercising your right to cancel the Contract, we may deduct from any refund:

17.2.1 an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had cancelled the Contract. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract; and

17.2.2 if applicable, an amount for the supply of Transport of Goods Services, because the right to cancel does not apply to such Services.

17.3 We will make any refunds due to you as soon as possible. If you are exercising your right to cancel the Contract then your refund will be made within 14 days of your telling us you have cancelled the Contract.

18. IF THERE IS A PROBLEM WITH THE SERVICE

18.1 If you have any questions or complaints about the Service, please contact us. You can telephone our customer service team at 0208 897 5317 or write to us at baggage@excess-baggage.com. Alternatively, please speak to one of our staff in-store.

18.2 We are under a legal duty to supply Services that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Services if you are a consumer. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights if you are a consumer. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says:

• you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

• if you haven't agreed a price upfront, what you're asked to pay must be reasonable.

• if you haven't agreed a time upfront, it must be carried out within a reasonable time.

19. STANDARD LIABILITY

19.1 If you provide us with a declaration of the value of your Item or a declaration of individual contents ("Content") on the valuation form we provide, and make payment of our additional charges for us to accept Standard Liability, then subject to clauses 15.11, 19.3 and 21, the amount of our liability to you in the event of loss or damage to that Item or declared Content in breach of these Terms will be determined in accordance with clause 19.2.

19.2 In the event of loss of or damage to your Item or Content, then subject to clauses 15.11 and 21, our liability to you is to be assessed as a sum equivalent to the cost of the repair or replacement of the Item or Content whichever is the lesser sum, taking into account the age, condition and value of the Item or Content as declared by you, immediately prior to its loss or damage.

19.3 For the avoidance of doubt Standard Liability shipment protection is not available in respect of Prohibited Items or Restricted Items, notwithstanding your compliance with clause 19.1.

20. LIMITED LIABILITY

20.1 If you do not purchase Standard Liability and comply with clause 19.1, then our liability to you is to be determined in accordance with this clause 20.

20.2 We are entering in to the Contract with you on the basis that the limit of our liability for any loss, damage or delay of your Item or Content is as follows and subject to the exclusions set out in clause 21 below:

20.2.1 Where the Warsaw Convention as amended by the Hague Protocol (1955) and/or Montreal Protocol No. 4 (1975), or the Montreal Convention (1999) or the convention on the contract for the International Carriage of Goods by Road 1956 or any national laws implementing or adopting these conventions apply (the "Convention Rules") or where (and to the extent that) other mandatory national law applies, our (including the Carrier's liability (if any)) is governed by and will be limited according to the applicable Convention Rules.

20.2.2 Except where Convention Rules or other mandatory national laws dictate otherwise, we will only be liable for our failure or the failure of the Carrier to act with reasonable care and skill in relation to the provision of the Services and our aggregate liability shall be exclusively governed by these Terms and (save in the case of personal injury or death caused by our negligence) limited to proven damages not exceeding the lesser of:

20.2.2.1 GBP 40 per Item; or

20.2.2.2 8.33 Special Drawing Rights ("SDRs") per kilo of the Item affected; or

20.2.2.3 the actual cost incurred by you to acquire or repair the Item,

provided that:

20.2.2.4 we shall be entitled to require proof of the value and weight of the whole of the Item and any part or parts thereof prior to dealing with any claim.

An SDR is a unit of account adopted by the International Monetary Fund and its current value is regularly published in major financial newspapers. As at the date of publication of these terms 8.33 SDRs was equal to approximately GBP 9.12.

20.3 In the event of loss of or damage to part of an Item , the proportion of the sum ascertained in clause 20.2.2.1 above which the actual value of that part of the Item lost or damaged bears to the actual value of the whole of the Item.

20.4 You acknowledge that the limitations of liability set out in this clause 20 are fair and reasonable in the circumstances, and have been taken into account and reflected in the level of charges for the Services. If you regard these limits as insufficient you must make appropriate insurance arrangements. We are able to offer additional shipment protection (Standard Liability) pursuant to clause 19 above.

21. EXCLUSIONS

21.1 To the fullest extent permitted by applicable law and in respect of both Standard Liability and Limited Liability:

21.1.1 if you are not a consumer, we will not be liable for any loss of income or revenue, loss of profits or contracts, loss of markets, loss of reputation, loss of customers, loss of use, loss of data, loss of an opportunity or an anticipated saving, waste of management or office time or for any indirect, incidental, special or consequential damages or loss howsoever arising (whether in contract, tort or otherwise and whether or not foreseeable) including but not limited to the loss, damage, delay, misdelivery or non-delivery of your Item even if we had knowledge that such damages or loss might arise;

21.1.2 if you are a consumer, if we fail to comply with these Terms, unless excluded elsewhere in these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process;

21.1.3 where the lost or damaged Item or Content is part of a pair or set, our liability to you, where it is assessed as the cost of replacement of that Item or Content, is to be assessed as a sum equivalent to the cost of that Item or individual content in isolation, not the cost of that Item or individual content as part of a pair or set;

21.1.4 we are not liable in respect of Standard Liability (unless stated otherwise in this clause 21.1.4) or Limited Liability if your Item or Content is lost, damaged, delayed or mis-delivered or not delivered or if we do not fulfil any obligations towards you at all as a result of:

21.1.4.1 circumstances beyond our control (each a "Force Majeure Event") such as (but not limited to):

(a) (liability is included under Standard Liability) acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;

(b) (liability is included under Standard Liability subject to clause 21.1.4.1(d)) force majeure including (but not limited to) war, invasion, hostilities (whether or not war is declared), piracy, accidents, acts of public or foreign enemies, strikes, industrial action, embargoes, perils of the air, riot, terrorism, rebellion and/or military coup, local disputes, civil war or civil commotions;

(c) national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;

(d) latent, pre-existing or inherent defects or inherent vice or characteristics in the Item;

(e) criminal acts of third parties such as theft and arson;

(f) you being in breach of (or any other party claiming an interest in the Item causing you to breach) your obligations under these Terms and in particular those confirmations, representations and guarantees set out in clause 15;

(g) your acts or omissions or the acts or omissions of a third party;

(h) an act or omission of any customs, airline, airport or government official;

(i) failure to meet airport, station, our or other security requirements; or

(j) chemical, biological, bio-chemical, electromagnetic weapons and cyber attack;

21.1.4.2 electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings;

21.1.4.3 the Item consisting of any article that is a Prohibited Item or a Restricted Item even though we or the Carrier may have accepted the Item;

21.1.4.4 mould or mildew damage to the Item.

21.2 Our performance under the Contract is deemed to be suspended for the period that a Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event, but if the Force Majeure Event continues for 7 days or more we may terminate the Contract without liability to you. If you are a consumer, if there is a risk of substantial delay owing to a Force Majeure Event, you have the right to cancel the Contract and receive a refund for any Services you have paid for but not received.

21.3 If you (or any person from whom you derive your right to claim) has caused or contributed to any loss, damage or delay to an Item, any liability we may incur in respect thereof (limited as set out in these Terms) may be reduced or extinguished in accordance with the law applicable to such contributory negligence.

21.4 Claims are limited to one claim per Item, settlement of which will be full and final settlement for all loss or damage in connection therewith.

21.5 Our liability will cease upon delivery of the Item in accordance with clause 9.

21.6 We do not offer Standard Liability cover on suitcases/bags used to transport goods unless they are packed in boxes with protective packaging. The purpose of a suitcase, holdall, bag, etc. on its own is to safely convey the contents from origin to destination. As such, any suitcase, bag or holdall should be viewed as protective packaging for the contents being shipped.

21.7 Where Item or Content are covered under shipment protection standard liability, our liability to you shall not exceed the sum covered under Standard Liability.

22. PRICE AND PAYMENT

22.1 Unless and to the extent that your payment has been processed during your ordering of the Services through our website, you agree to pay our charges for the provision of the Services in respect of your Item as stated at the time of your ordering the Services through our website, phone or email via continuous payment authority (CPA) (see clause 4.5.1). In addition to payment for the Services you also agree to pay any "Additional Charges" which are:

22.1.1 any administration fee we may charge you or which the Carrier may charge us or you for providing the Services described in clause 12;

22.1.2 any applicable taxes, value added tax and Customs Charges, taxes, penalties, storage charges or other expenses we incur as a result of the actions of customs or other governmental authorities or your failure and/or the addressee's failure to provide proper documentation and/or to obtain the required licence or permit;

22.1.3 any additional charges levied by the Carrier in relation to the Item or the provision of the Services, for example, due to provision of Services on or over public or bank holidays, increased fuel charges and the like; and

22.1.4 any additional charges for which you are responsible under these Terms in connection with the provision of the Services, including, without limitation, any surcharges incurred under clauses 5.3, 8.1, 9.9, 9.10, 9.15, 11.3, 11.5, 15.6, 22.8 or 29.

22.2 You must pay our charges and all other amounts due to us (including, but not limited to, any Additional Charges) immediately in cleared funds within 3 days of the date of our invoice in respect thereof. A late payment fee and interest (whether before or after judgment) will be levied where payment in respect of any invoice is not received within this period as follows:

22.2.1 up to GBP40 as a late payment fee PLUS

22.2.2 interest from the invoice date at the rate of 6% above the European Central Bank base rate, or if stated the rate stated on our invoice PLUS

22.2.3 for Items where payment is not cleared in full within 7 days of the invoice, Items will be placed in storage and incur additional storage charges (see clause 29) which must be cleared prior to the Items despatch.

22.3 Unless proved otherwise, an invoice shall be considered for this purpose to have been received three business days following the date of invoice.

22.4 You agree to pay our reasonable and proper costs of collection of amounts due from you but not paid within 3 days after the invoice date.

22.5 Invoices must be paid in the currency stated in the invoice.

22.6 For shipment via air freight / air courier service, our charges (other than the Additional Charges unless specifically stated) are based on the actual weight of your Item or the volumetric weight of your Item, whichever is the greater. We or the Carrier may check the weight and/or volume of your Item and if a discrepancy is found between your declared weight and/or volume you agree that the weight and/or volume so determined may be used for the purpose of our calculation of our charges. As a matter of course all import duties, value added taxes on goods and all other charges levied on the Item in the destination country shall be payable by you and payment shall be sought by us via the method of payment utilised by you when ordering the Services and you agree to pay us these amounts in full on demand.

22.7 For shipments via sea freight / road freight, our charges are based on the volume calculated from the dimensions of the Item.

22.8 On any Service, the maximum weight limit per Item is 30 KG and maximum dimension per any side must not exceed 180 cm. We or Our Carrier(s) may refuse to collect/deliver any Item above the advised limits and/or apply additional surcharges for handling of over the limit Item at £5 per KG with a minimum surcharge of £25.

22.9 The charges for the provision of the Services in respect of your Item as stated at the time of your ordering the Services include provision for simple customs clearance formalities and we reserve the right to charge an extra administration fee where time-consuming excessive customs clearance work is needed to enable us to deliver your Item to the addressee. Further charges (which shall also be "Additional Charges") may be applied in some countries for complex customs clearance activities and these include but are not limited to Items that require:

22.9.1 formal customs entries involving more than three different commodities;

22.9.2 customs bonds or the need to deliver goods under a customs bond;

22.9.3 temporary import facilities; and/or

22.9.4 clearances involving a government department other than the customs authority.

22.10 We or the Carrier may in some countries make advance payments of import duty, taxes or penalties or have to post bond on behalf of the addressee and where this additional service is provided a local administration fee will be charged to the addressee and you will be liable to pay this charge (which shall also be "Additional Charges") to us on demand and we shall be entitled to seek payment from you as aforesaid if he or she does not pay us.

22.11 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.

22.12 In the event that we become aware that Item exceeds the maximum permissible value under these Terms, then, in addition to the otherwise applicable rates and charges and any other remedies under these Terms, an additional carriage charge equivalent to 5% of the value of the Item in excess of that maximum permissible value is applicable (which shall also be an "Additional Charge").

22.13 Upon our first request you will provide a proper guarantee for any of the duties, taxes, penalties, storage charges or any other expenses set out in this clause in such form and from such person as we shall reasonably require.

23. CLAIMS PROCEDURE – PRESCRIPTION

If you wish to claim for a lost, damaged or delayed Item you must comply with any applicable convention and if none applies you must comply with the following procedure otherwise we reserve the right to reject your claim:

23.1 You must notify us about:

23.1.1 loss: as soon as such loss is discovered (or with reasonable diligence ought to have been discovered) and in any event in writing within 5 days of the date the Item should have been delivered

23.1.2 damage: as soon as such damage is discovered (or with reasonable diligence ought to have been discovered) and in any event in writing within 5 days after delivery of the Item; or

23.1.3 delay: within the earlier of (i) 7 days after delivery of the Item or (ii) within 7 days of the date the Item should have been delivered or (iii) within 21 days of the Item being placed at the disposal of the addressee.

23.2 If we send you a claim form you must return it within 14 days from the date of issue fully completed together with all relevant documentation in support of your claim. We are not obliged to act on any claim until our charges in respect of the Item in question (including any Additional Charges) have been paid nor are you entitled to deduct the amount of your claim from our charges.

23.3 We will assume Item delivered in good condition unless the addressee (or recipient pursuant to clause 9) has noted any damage on the Carrier's delivery record when he or she accepted the Item.

23.4 Your right to claim damages against us shall be extinguished unless an action is brought in a court of law within 6 months from the date of delivery of the Item or from the date on which the Item should have been delivered or from the date on which the carriage stopped.

23.5 You must give us and the Carrier the opportunity to examine the damage to and the packaging of the Item prior to repair.

23.6 The Item shall not be deemed to be lost until at least 30 days has elapsed since the date you notified us of the non-delivery. We may agree with you in writing to shorten this period.

23.7 We and the Carrier may destroy the original documentation relating to your Item after 6 months from the date of your ordering the Services in respect of that Item and you shall not hold this absence against us or the Carrier.

23.8 We reserve the right to deduct a £50.00 claim-handling administration fee from any sum we pay to you in connection with your claim.

24. HOW WE MAY USE YOUR PERSONAL INFORMATION

24.1 We will use the personal information you provide to us:

24.1.1 to supply the Services to you;

24.1.2 to process your payment for the Services; and

24.1.3 if you agreed to this during the order process, to inform you about similar services or products that we provide, but you may stop receiving these at any time by contacting us.

24.2 We will only give your personal information to other third parties, including our Carrier, to the extent necessary to provide the Services and where the law either requires or allows us to do so.

25. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our service, you accept that communication with us will be mainly electronic. We will contact you by e-mail or 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.

26. NOTICES

All notices given by you to us must be given to us by registered post at 2 Provident Industrial Estate, Pump Lane, Hayes, Middlesex UB3 3NE. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. 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.

27. TRANSFER OF RIGHTS AND OBLIGATIONS

27.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.

27.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

27.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract without notice to you.

28. RIGHT TO KEEP HOLD OF ITEMS

We have a right to keep hold of all your Items in our possession at any one time until payment is received, sell any Item and retain the proceeds of sale in settlement of any amounts that you may owe us or the Carrier howsoever arising. Any unpaid balance will remain payable. In selling any Item we shall not be obliged to investigate the Item or attempt to obtain the best price possible for the Item, and the Item will be sent for general auction on this basis. While we hold the Item and wait for payment, you will be liable to pay all storage charges (see clause 29) and other costs (collection, delivery, freight, handling, administration etc.) incurred by us whilst we hold your Item and these Terms will continue to apply.

29. STORAGE CHARGES

29.1 Unless agreed otherwise in writing, storage is charged at £10 + VAT per Item per month (minimum one month) at our UK warehouse. For storage of Items outside of the UK, where we can offer the service, we will notify you of the associated costs and bill you accordingly (using Continuous Payment Authority in accordance with clause 4.5.1) should you agree to arrange the storage service.

29.2 For UK exports, your item will be placed under storage where we do not receive required documentation and full payment within seven days from the date we generate your item's freight invoice. On storage only shipments, storage will be charged from the date item is collected by us. On UK Imports arriving at our warehouse, storage is chargeable for goods not despatched to final address within 7 days after arrival at our depot. Storage charges are payable in advance. We will invoice you for storage charges once storage fees are due (as stated above) and such invoice will be payable using Continuous Payment Authority in accordance with clause 4.5.1.

29.3 All charges including removal charges must be paid before the Items may be taken out of storage.

29.4 We review our storage charges periodically. You will be given one month's notice of any increases and shall be entitled to end the Contract by notifying us in accordance with clause 30.1 if you do not agree to the increase. If your storage account invoice remains unpaid for more than a month, a lateness fee (up to a maximum of £20) will be added to the invoice.

29.5 We reserve the right to dispose of Items or sell them by public auction if storage charges have not been settled within three months of them becoming due. The cost of the sale or disposal will be charged to you and any proceeds will be credited to your account. We may seek to recover the balance from you if the full amount due is not received.

29.6 An additional liability extension fee of 0.5% of the total declared value of Items under Standard Liability will be added to the storage charges whilst your Items are stored at our warehouse.

30. IF YOU WISH TO END THE STORAGE CONTRACT

30.1 If you wish to end the Contract for the storage of Items you must give at least 7 working days' written notice. If we can release the Items earlier we will do so, but charges for storage will be payable to the date when the notice period would have ended.

30.2 If you make your own arrangements to collect the Items we will make a handling charge (£1 per cubic feet, minimum £20) for taking them out of storage and handing them over to you.

30.3 We will not release the Items until our account is paid in full..

30.4 If you appoint someone else to collect your Items from our warehouse, you must give us authorisation in writing

31. IF WE WISH TO END THE STORAGE CONTRACT

If your payments are up to date, we will can only end the Contract for the storage of your Items by giving you at least one month's notice in writing.

32. WAIVER

32.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

32.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

32.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 25 above.

33. SEVERABILITY

If any of these Terms or any provisions of the Contract 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.

34. ENTIRE AGREEMENT

34.1 If you are business, subject to clause 34.4, these Terms and any document expressly referred to in them, plus the Convention Rules represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

34.2 We each acknowledge that, in entering into a Contract, 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 between us prior to such Contract except as expressly stated in these Terms.

34.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.

34.4 No variation to the entire agreement shall be valid unless made in writing and signed by our authorised representative.

35. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

35.1 We have the right to revise and amend these Terms 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 and changes in the Terms of any Carrier.

35.2 You will be subject to the policies and Terms in force at the time that you order the relevant Services from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the Terms).

36. LAW AND JURISDICTION

These Terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.