Southampton International Business Park
1 ) Overview and definition of pages
(a) The Company agrees, subject to the Customer's orders at all times with these Conditions, to carry luggage agreed by the Company and the Customer, or to store goods in a depot occupied by the Company or his appointed agent, or to provide other modes or services as jointly agreed by the Company and the Customer.
(b) These Terms & Conditions apply to the exclusion of any other terms that the Customer seeks to enforce or incorporate, or which are implied by trade, custom, practice or course of dealing.
(c) The Company is not a general carrier which means that it may refuse to carry the Customer's luggage at its discretion. The Company will accept luggage for carriage only on these Conditions laid out in these pages here in named Terms & Conditions.
(d) The Customer shall be deemed to have notice of and accepts these terms and conditions if and as soon as he places an order with, or accepts a electronic price or tender from, the Company for the carriage of Luggage to and from the Port of departure within the UK.
(e) The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the contract.
(f) The Company reserves the right, at its discretion, to inspect any item of Luggage to check that such items are not dangerous, or incompatible with the Company's network and are capable of carriage to and from the UK port of destination within the Company's standard procedures, customs, declarations and handling methods and in compliance with all UK laws.
(g) The Customer under these terms and conditions agrees to ensure that any luggage tendered to the Company shall each have an individual working lock and ensure that the Luggage is locked for carriage prior to dispatch and pick up in mode to and from the port of departure. The keys will not travel with the Luggage and will be held by the Customer or his appointed agent for safe keeping until reunited with their Luggage.
(h) The Customer acknowledges and agrees that:
i in relation to the Luggage, the Customer is either solely beneficially entitled to the goods or has the authority of all those interested in the goods to enter into this contract and to bind them to its terms;
ii. it is the Customer or his appointed agent of the goods comprised in any item of luggage and will be responsible for the accuracy of all information supplied to the Company.
2) REPRESENTATIVES OF THE COMPANY AND SUB-CONTRACTING
(a) If the Customer is not the owner of some or all of the items of Luggage stored or carried, the Customer shall be deemed for all purposes to be the agent of the owner or owners and that if any other person has an interest in the Luggage the Customer is acting as his fully authorised agent.
(b) The Company may sub contract any other agent ,carrier or warehouseman to fulfil the contract. Any such carrier shall be entitled to sub-contract and these conditions shall apply to such carriers on like terms.
3. NON ACCEPTANCE OF GOODS FOR CARRIAGE
(a) The Company will not accept certain items to be packed with in the luggage for carriage, including, but not limited to, any of the following :
(b) Hazardous , Dangerous Goods or flammable goods and gases;
ii. firearms, works of art, jewellery (including watches), cash, travellers cheques, credit cards, glass or any articles (or part of them) that are made up of glass, porcelain, earthenware or other similar materials,((including gold or silver items), or any other valuables, or any living organism of any type (including trees and plants) and frozen or perishable food,
(b) In the case where the Company may need to export luggage outside the borders of the UK the Company may impose additional restrictions depending upon destination of delivery and the service being provided. The Customer acknowledges that regulatory and custom clearances may be required for items of luggage, which may extend the transit time and may delay delivery.
(c) The Company reserves the right to reject the luggage for reasons of security or safety in the safe being and interests of the Company and its appointed agent’s.
4. CUSTOMER UNDERTAKING
(a) The Customer complies and undertakes that:
(i) The luggage has been properly and sufficiently packed and labelled without overloading of item luggage weight limit of 25 kilos maximum to and from the intended Port of departure or arrival, as appropriate to any operations or transaction affecting the item of luggage and the characteristics of the goods, and so that the luggage will not be lost or damaged whilst being transported, or cause injury or damage to the Company's staff or agents , property or other goods;
(ii) The Customer will except full responsibility to ensure to attach the correct out bound and inbound label’s as supplied prior to departure date by the Company to the handle of the luggage as per the supplied instructions sheet plus that of the cruise line labels. The labels supplied by the Company on the luggage includes the full name of ship number, Port and date of departure.
(iii) The Customers luggage unit will be fit for carriage and of modern build quality to withstand normal handling procedures plus have a fully working lock. The luggage must be locked before handing over to the Company for transit to and from the Port. The keys are to be held by the Customer or his appointed agent at all times and not given to the Company or his appointed agents only in the exceptions of written or electronic request.
(iv) All man power, handling or labour required by the Company is available for loading and unloading any item of luggage at any collection or delivery point booked by the Customer.
(v) It will inform the Customer of the delivery details of the luggage. The Company may impose a charge upon the Customer for each or any wasted journey made in attempting to deliver the goods.
(vi) The Customer shall ensure that each Luggage complies with the weight, measurements and length applicable to the conditions shown on the web site.
5. RECEIPT OF LUGGAGE
(a) When receiving luggage, the Company will scan the luggage back at the sending depot . This will produce a Scan Record as evidence of receipt of the luggage.
(b) The Company shall, if so required, sign a document prepared by the Customer, acknowledging receipt of the luggage , but neither the Scan record nor the Customer document shall be evidence of the condition or correctness of a declared nature, quantity or weight of the luggage at the time it is received by the Company.
6. TRANSIT TIME FROM PICK UP OF LUGGAGE
(a) Transit time will commence when the luggage is handed to the Company whether at the point of collection or at the Company’s or appointed agents depot. The Company is entitled to convey goods by any means of conveyance and by any route whatsoever.
(b) Transit shall (unless otherwise previously determined) end when the luggage is offered for delivery in accordance within the Company's delivery hours or when the luggage is held for collection following attempted delivery; when for any other reason whatsoever an item of luggage is held by the Company "to await further instruction" or "to be kept until called for" or upon any like instructions and such instructions are not given, or the luggage is not called for within a reasonable time, then transit shall be deemed to end. The Company shall store such luggage subject to all goods being solely at the Customer's risk and subject to any storage charges paid for by the customer as levied by the company and its appointed agents.
(c),Where, for any reason whatsoever the Company is unable to convey the luggage to the address to which it is consigned, or to effect delivery at the said address:
(i) the Company shall endeavour to communicate with the Customer and request a new address and/or the required details to which the luggage can be delivered in the country in which the luggage is then lying; and
(ii) if the Company is unable to communicate with the Customer within a reasonable time, or if it is not provided with a new address and/or the required details for delivery by the Customer within a reasonable time, the Company at its own discretion will return the luggage to origin or the customers appointed agent, If after a period of 6 months passes and the Company can not obtain the any corrective information from the customer then the Company has the power at its discretion to dispose of the luggage by its own means. Any additional costs incurred for such operation by the Company will be charged to the Customer.
(d) The decision as to what constitutes a reasonable time under Clause(c)(ii) to be entirely at the discretion of the Company.
(e) Unless the Customer notifies the Company in writing otherwise and such notice is formally acknowledged in writing by the Company, the Company shall be entitled to deliver the luggage to a neighbour of the Consignee's address, a concierge or an alternative delivery destination within the Company's delivery hours, and for the purposes of Clause (b), transit shall be deemed to have ended at the time of delivery to such neighbour, or obtaining a signature from a concierge or other recipient, or leaving the luggage at the Consignee's building.
(f) The times line for delivery and/or collection given by the Company are estimates only. The Company shall not be deemed to be in breach of the Contract or have any liability (whether in contract, tort, negligence or otherwise and howsoever arising) to the Customer for any failure to fulfil any delivery and/or collection within any specified time lines.
7. TARIFF & PAYMENT
(a) The Company's charges for carriage and other services shall be payable by the Customer; however, the Company shall also have the right to demand and obtain payment from the sender (if different from the Customer) or the Consignee, or from any other person who may be liable to pay the charges.
(b) Payment of the Company's charges shall be taken on the Company’s website by means of a credit , debit card or bank transfer and upon the booking being confirmed by electronic order. Where Customers due to the high volume of spend hold account facilities with the Company will agree to payment from invoice date no later than a period of twenty one calendar days. If any payment under the “Age of debt” is overdue then, without prejudice to the Company's other rights and remedies, the Customer shall pay interest on the overdue amount (whether before or after judgment) at the statutory rate of interest payable on late payments from time to time, such interest to accrue on a daily basis, from the due date for payment until payment is made in full.
(c) For any item of luggage transiting outside the UK, the Company reserves the right to charge the volumetric weight Calculated at 5000 cubic centimetres is equal to one metric tonne ; or b. dead weight for all items of luggage which ever the greater.
(d) A claim or counterclaim by the Customer shall not be made the reason for deferring or withholding payment or monies payable, or for refusing to reimburse liabilities incurred by the Company.
(e) The Company shall be entitled at any time and from time to time to increase the Company's charges for carriage or other services by giving to the account customer not less than 7 days prior written notice or notice of charges shown on the Company’s website to accord with increases in relevant costs of the Company's business including but not limited to, fuel, congestion charges, licence fees, postal fees and labour.
(f) All amounts payable by the Customer are subject to Value Added Tax which shall be charged at the applicable current rate set out by the UK government.
(g) For Overseas carriage of Luggage outside the borders of the UK in the event that the Company pays or agrees to pay to any third party any duty and/or taxes and/or levy in respect of any Customer's goods:
(i) the Company shall do so on the sole basis that in doing so it is acting as the Customer's fully authorised agent;
(ii) whether or not delivery of the goods is made to the Consignee's address or ship immediately upon receipt of the Company's duty invoice in respect of such duty and/or tax and/or levy the Customer shall settle such duty invoice in full;
(iii) in the event of the Customer failing to comply strictly with Sub-Clause (ii) above, the Company shall be at full liberty to deal with the goods in accordance with Clause termed “lien and disposal of Goods” in the latter of these Terms and Conditions.
(h) The Customer shall pay to the Company any duties, taxes, levies, customs assessments, fines or other penalties and unusual costs, claims and expenses (including administrative costs) incurred by the Company as a result of it conveying the goods.
(i) The Customer must notify the Company about any query in relation to any invoice from the Company within 7 days of the invoice date and confirm it that query by notice in writing within 14 days of the invoice date. If the Customer does not do this, the Company will not be liable (whether in contract, tort, negligence or otherwise and howsoever arising) for any error in the invoice nor shall the Company be required to re-pay any sums paid by the Customer unless the Customer can prove that:
(i) it was not reasonably possible for the Customer to notify the Company of the query, or confirm it in writing, within the time set above; and
(ii) the notification or confirmation was made at the first reasonable opportunity and in any event no later than 3 months after the invoice date.
8. LIMITED LIABILITY FOR LOSS OR DAMAGE
(a) Subject to the provisions of this Clause 8 and Clauses 3, 9, and 10, the Company shall be liable for any physical loss of, or physical damage to, luggage during transit (as defined in Clause 6), and storage (other than storage under Clause 6(c)(ii)), except to the extent that such loss or damage has arisen from or consists of:
(i) the Customer or Consignee not taking or accepting delivery within a reasonable time.
(ii) a breach of any of the Customer undertakings set out in Clause 4, including insufficient or improper packing, labelling or addressing, including incorrect or missing postcode information;
(iii) loss, damage, leakage , inherent vice or breakage of articles of, or for that part of any articles that comprises of goods which are not accepted for carriage or storage by the Company as set out in Clause 3;
(iv) any act or omission of the Customer or owner of the goods or of the servants or agents of either;
(v) inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods, wear and tear, depreciation, moths, vermin, or the effect of any process of cleaning, dyeing or restoring any article;
(vi) act of God;
(vii) seizure under legal process;
(viii) any force majeure event meaning an event beyond the reasonable control of the Company, including seizure under a legal process, consequence of war, invasion, act of foreign enemy hostilities (whether war is declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of or damage to property, extreme weather conditions, compliance with any law, or order of any government or public or local authority, riots, civil commotion, strikes, lockouts, general or partial stoppage or restraint of labour from whatever cause, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds, the direct or indirect effect of ionising radiations or contamination by radioactivity
(ix) fraud by the Customer or the owner of the goods or the servants or agents of either.
(b) For the avoidance of doubt, where the luggage was not in transit or in storage (as defined in Clause 6) at the time of the loss and/or where the luggage does not have a Scan Record showing that the goods were provided to the Company, then the Company shall not be liable for loss or damage to the goods.
(c) Where the Customer selects a particular timed delivery service and the Company delivers any luggage or other goods after the time envisaged by the selected service, the Customer's sole and exclusive remedy for any losses (whether in contract, tort, negligence or otherwise and howsoever arising) shall, subject to Clauses 8(d), 9 , be a reduction in the price payable to the Company so as to
reflect the delivery service actually received.
(d) Nothing in these Conditions shall limit or exclude the Company's liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors, or for fraud or fraudulent misrepresentation or for any other matter which is unlawful to exclude or limit liability.
9. LIMITATION AND EXCLUSION OF LIABILITY FOR DOMESTIC CARRIAGE WITHIN THE UNITED KINGDOM
(a) Subject to Clauses 2, 8, 10 and 11 hereof and the other provisions of this Clause 9, the Company's
liability (whether in contract, tort, conversion, negligence or otherwise and howsoever arising) for the loss of or damage to any goods and/or for any other matter (howsoever arising) under a Contract shall be limited to the lesser of:
(i) Luggage carried with in the borders of the UK to and from the Customers address or that of this appointed agent the company will be subject in case of total loss of the item of luggage to the maximum limited to the amount of GBP1000.00.
(ii) In case the luggage whilst being transported should be broken or split by means of handling or conveyance the company will reimburse the customer at the rate of GBP35.00 per kilo lost item weight to a maximum limit of GBP 1000.00 per item of luggage which ever is the lessor.
iii) the above conditions laid out in Section 9 (i) and (11) are subject to the Customers Undertakings and warranties highlighted in section 4.
(iv) The repair or replacement cost of lost or damaged goods with in the item of luggage, and the Customer shall provide proof of value of goods lost or damaged.
10. CLAIMS FOR COMPENSATION
(a) The Customer must notify the Company of any loss or damage giving rise to a claim within 7 days of the date of despatch. The Customer should confirm any loss or damage by notice in writing within 10 days of the date of despatch. If the Customer fails to do so, the Company shall not be liable for any loss or damage, save and except where the Customer proves that:
(i) it was not reasonably possible for the Customer to advise the Company or make such claim in writing within the time limit applicable; and
(ii) such advice or claim was made within a reasonable time, in which case the Company shall not have the benefit of exclusion of liability afforded by this Clause
(b) In the event of a claim for damage, the Customer must ensure that the Luggage and its packaging is held for inspection at a location within the United Kingdom.
(c) Where the Company is liable for the repair of any damage, then the cost of labour is excluded from repairs and such labour costs are payable by the Customer.
(d) A payment of any claim by the Company shall be in full and final settlement of such claim.
11. CUSTOMERS' INDEMNITY
The Customer shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Company arising out of or in connection with:
(a) any negligent act, negligent omission, negligent misdirection, fraudulent or negligent misstatement by the Customer, sender or Consignee, its servants or agents;
(b) claims of any nature for loss or damage resulting from the carriage of Dangerous Goods or goods which are not accepted for carriage or storage by the Company as set out in Clause 3;
(c) claims and demands of any nature in respect of loss of or damage to the goods made by the Customer and/or any third party additional to or in excess of the limits of liability of the Company set out in these Conditions;
(d) claims and demands made by any third party attributable to lack of authority on the part of the Customer to enter into the Contract upon these Conditions;
(e) breach of any of the Customer Undertakings set out in Clause 4;
(f) any inaccurate or false information supplied to the Company by the Customer which relates to the Customer and/or the goods comprised in any item of luggage;
(g) the Customer's unreasonable detention of vehicles,
(h) any claim being made by any third party against the Company in respect of loss of or damage to the goods or in respect of any conversion of or interference with the goods.
12. PROTECTION TO EMPLOYEES AND AGENTS
The Customer acknowledges and agrees that the provisions of Clauses 3, 8, 9, 10, 11, 12 and 14 shall extend to protect, limit the liability of and indemnify the employees and agents of the Company and that such provisions have been entered into and shall be enforceable by the Company for itself and as trustee or agent for such employees and agents.
13. DISPOSAL OF GOODS
(a) The Company shall have a lien on all items of luggage carried for the Customer for any amount due to the Company whether pursuant to the Contract or otherwise and for the cost of recovering the same.
(b) If the amounts owing to the Company in respect of which it has a lien are not satisfied within a reasonable time of the commencement of transit as defined in Clause 6, the Company shall be at full liberty at its own discretion to:
(i) sell the goods either privately or by auction and to apply the proceeds of any such sale in or towards any monies owing to it and the expense of the sale and shall account to the Customer for the balance remaining if any; or
(ii) destroy the goods if any sale under sub-clause (i) is impractical in the opinion of the Company due to the value or saleability of the goods in question, or otherwise; and such sale or destruction as the case may be shall be a full discharge of any liability of the Company in respect of the goods.
14. PROOF OF DELIVERY
The Company may require a recipient of the luggage to duly sign upon delivery to from the port as proof of delivery of the luggage . Any record of the recipient's signature obtained by the Company shall be conclusive evidence of the delivery of luggage. The recipient's signature shall be evidence of delivery of the luggage.
The Company shall be relieved of its obligation to perform the Contract to the extent that performance is prevented or delayed by a failure or delay by the Customer to perform any obligations and undertakings under these Conditions and causes beyond the reasonable control of the Company including but not limited to any force majeure event meaning an event beyond the reasonable control of the Company, including seizure under a legal process, consequence of war, invasion, act of foreign enemy hostilities (whether war is declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of or damage to property, extreme weather conditions, compliance with any law, or order of any government or public or local authority, riots, civil commotion, strikes, lockouts, general or partial stoppage or restraint of labour from whatever cause, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds, the direct or indirect effect of ionising radiations or contamination by radioactivity and, for the avoidance of any doubt, the Company's charges shall be payable in full in such circumstances, without prejudice to the Company's rights at common law to treat the Contract as frustrated.
Any failure by the Company to enforce or apply any provision of these Conditions shall not constitute a waiver of that provision and shall not otherwise remove or reduce the Company's right to enforce that provision.
If any of these Conditions or any part is held to be invalid for any purpose, it shall for that purpose be deemed to have been omitted, but shall not prejudice the effectiveness of the rest of these Conditions.
Any Data collected by the Company in relation to the Customer's transactions is strictly confidential and
the Company undertakes not to disclose, sell or pass on this information to any third party. The Data eld by the Company can be removed at request of the customer at any time and confirmed in writting.
18. GOVERNING LAW AND JURISDICTION
The Contract and these Conditions (and any non-contractual claims arising in relation to it) shall in all respects be subject to and construed in accordance with English Law and the parties to the Contract hereby submit to the exclusive jurisdiction of the Courts of England.
TEfra Refund Policy
Should you the customer or appointed agent of the customer agree to book TEfra-UK luggage and baggage services via the website or over the phone and change your mind for what ever reason prior to the pick up date we will refund all of your money in full as long as we have a notice period of minimum 7 working days in advance of the nominated collection date upon the original booking.
Cancellation can be processed via e-mail on the website or by phone and payment will be returned to your card or bank within 14 working days. Any cancellation will not incur any admin costs but please ensure that you help us by detailing your original purchase transaction ID and booking date. For further details please refer to your consumer credit rights at the Citizens Advice or Gov.uk.