This document was last updated on Jan 17, 2022
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Article 1. Definitions
- Account: your personal account for the BAGTAG App, which enables you to use the functionalities of the BAGTAG App (and the Platform). When you use the Platform via an Airline App, you do not need an Account.
- Airline: the provider of air transport that has enabled a link between its Airline App and the Platform.
- Airline App: the app developed and offered by an Airline for mobile devices such as telephones and tablets, and that is linked to the Platform.
- BAGTAG App: the app developed and offered by BAGTAG for mobile devices such as telephones and tablets with which BAGTAG Products and Third Party Products can be used, and that is linked to the Platform.
- Consumer: you, the natural person who bought the (Third Party) Product and uses it to operate the BAGTAG App and/or the Platform (whether or not via the Airline App).
- Parties: the parties to the Agreement, the Consumer (you) and BAGTAG.
- Platform: the electronic baggage tags (EBT) platform developed by BAGTAG that is linked to the BAGTAG App and the Airline App.
- Products: the physical products related to electronic baggage tags (EBT) that BAGTAG sells in its web shop and through its resellers, which are connected to the BAGTAG App and/or the Platform.
- Third Party Products: the physical products related to electronic baggage tags (EBT) provided by another party than BAGTAG, which are connected to the BAGTAG App and/or the Platform.
Article 2. Applicability, conclusion of the Agreement, duration and termination
- The Agreement is concluded when you (a) create an Account for the BAGTAG App or (b) when you use the Platform via the Airline App, and is entered into for an indefinite period of time. However, the Agreement terminates automatically when you have not used the BAGTAG App or Platform for two (2) years.
- You can terminate the Agreement at any time, without a notice period. You can terminate the Agreement by sending a request for termination to BAGTAG via email@example.com.
Article 3. Registration and Account in the BAGTAG App
- For using the Platform via the Airline App, you do not need an Account. This article is only applicable when you use the BAGTAG App.
- Via the BAGTAG App, you can create an Account and you can add your (Third Party) Product to the BAGTAG App in order to check in your luggage off-airport. You are obliged to provide full, correct and up-to-date personal data when creating an Account.
- You must keep your login details for your Account strictly secret, and you must not share these with others.
- Access to the BAGTAG App is granted via one-time password. If you suspect that your access to the BAGTAG App has been compromised, you should notify this to BAGTAG immediately, so that measures can be taken to prevent misuse.
- BAGTAG can change the login procedure and your login details if it deems this necessary for the functioning of the BAGTAG App. BAGTAG will endeavour to inform you of this in advance. Since this is done in order to prevent (further) misuse, prior notification is not always possible.
- Messages regarding (your use of) the BAGTAG App will, as much as possible, be sent to the e-mail address linked to your Account. If your e-mail address changes, you have to modify this as soon as possible in your Account settings.
- If your personal data changes, you have to update this as soon as possible via your Account settings. BAGTAG is not liable for damage caused by providing incorrect data, or not updating your personal data in case of a change.
Article 4. Services and division of responsibility
- Via the BAGTAG App and the Platform, you are able to check in your luggage off-airport. BAGTAG will make every reasonable effort to ensure that the BAGTAG App and the Platform function properly in connection with the (Third Party) Product.
- The correct functioning of the BAGTAG App and the Platform is not guaranteed or does not have to meet a minimum level, unless the Parties agree otherwise in writing.
- BAGTAG only provides the BAGTAG App and the Platform and is not responsible for the flight and related services provided by the Airline. For the avoidance of doubt, BAGTAG is not responsible in the event your luggage is lost or damaged. Please consult your Airline in such event.
- BAGTAG is not responsible and/or liable for the correct functioning of the Third Party Products or the Airline App. Please consult your third party supplier and/or your Airline if you have any questions, complaints, or experience any problems in using the Third Party Products or the Airline App.
Article 5. Availability and maintenance
- BAGTAG shall endeavour to keep the BAGTAG App and the Platform available as much as possible, but does not guarantee uninterrupted availability.
- BAGTAG shall actively maintain the BAGTAG App and Platform. Maintenance will, as much as possible, be done at moments at which the use of the BAGTAG App and the Platform is relatively low. Emergency maintenance can take place at any time, and without prior announcement.
- If, according to BAGTAG, nuisance, damage or another danger occurs for the functioning of the systems or network of BAGTAG or third parties, in particular by accessing the BAGTAG App and/or Platform an excessive number of times, leaking of (personal) data or malware or other damaging software, BAGTAG may take any measures which it reasonably deems necessary to end or avert such damage or danger. This may lead to restricted availability of the BAGTAG App and/or the Platform.
Article 6. Support and complaints
- If you have any questions, complaints, or experience any problems in using the BAGTAG App or the Platform, you can contact BAGTAG, via firstname.lastname@example.org. BAGTAG endeavours to deal with your question, complaint or problem within a reasonable period of time, but in any event no later than fourteen (14) days after receipt.
- it is sufficiently plausible that the information, in itself, is unlawful and harmful to the relevant third party;
- the third party has a real interest in receiving the data;
- it is plausible that there is no less intrusive manner to receive the data; and
- the interests of the third party in receiving the data should prevail.
- You are obliged to follow all reasonable instructions of BAGTAG regarding your use of the BAGTAG App and the Platform.
Article 8. Intellectual property rights
- You have no right to access the source code of the BAGTAG App or the Platform, and it is expressly forbidden to retrieve the source code by reverse engineering, decompilation or otherwise, except when this is allowed under mandatory law.
- BAGTAG can take technical measures to protect the BAGTAG App and/or the Platform. In case such measures have been taken, it is not allowed to circumvent or remove these.
Article 9. Privacy and user data
- If you use the BAGTAG App or the Platform, your personal data will be processed. See BAGTAG’s privacy statement for more information.
- If you use the BAGTAG App or the Platform, you agree with the transfer and the processing of your personal information by BAGTAG in the European Economic Area (EEA), outside of the People’s Republic of China, in accordance with the privacy statement of BAGTAG.
- All information which you save via the BAGTAG App or otherwise provide to BAGTAG shall remain your property (or of your licensors). BAGTAG shall receive a non-exclusive right to process such information to the extent necessary for providing the BAGTAG App and related services.
- The right of use under this article ends when the Agreement is terminated. BAGTAG will delete your personal data in accordance with BAGTAG’s privacy statement.
Article 10. Liability and force majeure
- The use of the BAGTAG App and the Platform is free of charge. Except in case of intentional misconduct or deliberate recklessness, BAGTAG shall not be liable for the use of the BAGTAG App and/or the Platform or any damages in connection therewith.
- In case of force majeure, BAGTAG is never required to compensate damages suffered by you. Force majeure includes, amongst others, disruptions or unavailability of the internet or telecommunication infrastructure, malware or (d)dos attacks, power interruptions, war, riots, strikes, company disruptions, interruptions in supply, fires and floods.
- If you do not wish to accept the modifications or supplements, you can terminate the Agreement until the date the changes take effect. Use of the BAGTAG App and/or Platform after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
- Minor changes and additions can be made at any time by BAGTAG. In such case, you do not have the possibility to terminate the Agreement on the basis of these changes and/or additions.
Article 12. Miscellaneous