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Terms & Conditions

Shyft Bag Drop and Bag Storage Service: Terms & Conditions

Introduction

The Terms of Use stated herein (collectively, the “Terms & Conditions” or this “Agreement”) constitute a legal agreement between you and SHYFT MIDDLE EAST (hereafter referred to as “the Company”) applicable to the booking of Shyft ‘Bag Drop’ and ‘Bag Storage’ Services (hereafter referred to as “the Service”) for requesting the collection of your luggage and transferred to the drop location by Shyft or an approved logistics partner (hereafter, “the Partner”) appointed by the Company. 

In order to access the website www.shyft.ae (the “Website”) or the Shyft mobile application (the “Application”) and use the Services defined, you must agree to the Terms of Use that are set out below. 

The Website and Application is owned and operated by the Company having its registered office at 3803, DMCC Business Centre, L1, Jewellery & Gemplex 03, Dubai, U.A.E. The Terms and Conditions apply to all visitors, registered members and users of the Website and Application.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit without liability to you or any third party. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version on the Website. 

You agree that it shall be your responsibility to review the Terms of Use regularly whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.

Important

Please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application, Website (as defined below) or the Service.

Within these conditions and except otherwise mentioned herein, the following terms shall have the meaning as are used as defined below:

  • “Airport” means the Airport selected by the Customer as a drop off location of the Bag; 
  • “Drop Location” means the drop location selected by the Customer as a drop off location of the Bag; 
  • “Partner” means the approved logistics partner appointed by the Company to transport the luggage. 
  • “Application” means the mobile application which enables users to access and procure Services from the Company.
  • “Bag” or “Baggage” or “Luggage” means any piece of luggage owned by (or otherwise under the care and control of) the Customer and transported by the Partner appointed by the Company pursuant to these Terms;
  • “Booking” means the Customer’s request for Services;
  • “Baggage Collection Address” means the collection location confirmed by the Customer on the Shyft mobile application or website at the time of Booking for the collection of the Bags.
  • “Customer” means the person creating or requesting the booking for the services on the Shyft mobile application or website;
  • “Ineligible Luggage” means luggage that are overweight and oversize as per the specifications provided by the Company from time to time, and contain goods which are prohibited or restricted by customs or transport authorities (including firearms, ammunition, flammable or explosive items and other items listed in an Airline’s dangerous goods list, a copy of which can be found in airline websites) or any Bags which in the reasonable belief of the Company are unfit to be transported by the Company.
  • “Prohibited Items” means any items prohibited for air transportation by any regulatory or governmental body including, to avoid doubt, any items which are considered as potentially dangerous in nature, the possession of items which is illegal, and also livestock, foodstuffs and perishable items.
  • “Scheduled Time” means the agreed scheduled time where the Company can avail the baggage from the customer at the agreed Customer’s baggage collection address.
  • “Services” means accepting baggage for transfer from the Customer (or hotel reception), and transporting the bags to the airport or drop location in accordance with these Terms.
  • “We”, “we”, “Our”, “our”, “the Company” and “us” means Shyft.

1. Booking

1.1. A Booking is a request made via the Application or Website.

1.2. A Booking only becomes valid upon acceptance of these Terms and Conditions, and the Customer receiving a notification of confirmation from the Company on the mobile application, printed confirmation, in the form of an email or a manual receipt.

1.3. The Booking is not valid if the Customer does not receive a confirmation notification from Us.

1.4. The Company reserves the right to decline or cancel any Booking at its sole discretion with no liability to the Customer or a third party.

1.5.  The Customer may cancel the Customer Booking, provided it is done any time before an agent is dispatched to the Customer indicated Baggage Collection Address. A booking fee will be charged from the Customer for cancellation. 

1.6 To make a Booking, you will have to register on the Website or Application and become a registered user. By registering on the Website or Application, you agree that you are appointing the Company to provide you the Services as defined under these Terms and as may be mutually agreed between the parties. To register onto the Website or Application, you will have to provide certain information such as your name, business profile, content details and funding information. Following this, an exclusive username and password will be created for you. 

1.7 Registration is only a one time process and if you have been previously registered, you will login into your account using the same credentials as provided by you during the registration process. We request you to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your account information current. 

1.8 When you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile or other similar device to prevent unauthorized access to your account. We request you to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your account information accurate.

1.9 We reserve the right to refuse access to the Website or Application, to terminate accounts, remove or edit content at our discretion. 

1.10 We will try to make the Website and Application error-free. Your access to the Website or Application may be occasionally suspended or restricted to allow for repairs, maintenance, or for the introduction of new facilities or services. However, we do not take responsibility for internet related issues at your end.

2. Price and payment

2.1. The price of the Services is set out on the Shyft mobile application and Our website and includes applicable taxes. At the time of Booking, the Customer will be provided with an estimate of the price of the Services The full price for the Customer specific service request at a given time is also set out at the time of the Customer booking (as an estimate), and the actual price for the service carried out will be set out at the time the Customer luggage is picked up and payment is due for this service. A summary of the charges can also be seen on the booking confirmation email the Customer receives after paying for the Service. 

2.2. The Customer shall pay for the Services by internationally or locally (country of service) accepted credit/debit card at the time when the Customer luggage is picked up by the Partner or Shyft agent.

2.3. The Customer remains responsible for understanding the Customer baggage allowance policies as updated by the Company from time to time and agrees to pay for liabilities, damages, charges, fines, fees or penalties in the event that: 

(i) the Customer exceeds their baggage allowance; 

(ii) any of the Customer’s Baggage is overweight/oversized; 

(iii) the Customer’s Bags cause damage or loss to any third parties; 

(iv) if the Baggage contains any contents which are contrary to the applicable laws of the country where the Baggage is being picked up; 

(v) if the Baggage is seized for confiscation or a search by a governmental authority in the country where the Baggage is being picked up.

3. Responsibilities of the Company

3.1. We shall use reasonable endeavors to arrive at the Baggage Collection Address on time, and deliver the customer’s baggage to them at the Airport in a safe and efficient manner. Please note that in certain cases which are reasonably outside the control of the Company or its Partner, there may be a delay in the delivery of the Baggage and the Company and/or its Partner holds no liability for the same. These situations could be events of a natural calamity or any event which caused due to a governmental authority.

3.2. Hand over baggage to the Customer at a mutually agreed suitable location at the Airport. In the event that the Customer requires the Partner to deliver the Baggage to a location which results in payment of toll fees etc. by the Partner, the Customer is required to reimburse the actual amount of costs incurred in the delivery of the Baggage. 

4. The Customer Responsibilities

4.1. Passengers are advised not to include perishable or fragile items in their Baggage. If, however, the Passenger includes such items or objects in their Baggage, they must ensure that these are properly and securely packed and protected in suitable containers, in order not to damage these items as well as Baggage or the vehicle or aircraft. The Company will not be liable for any damage of items unless such damage is caused due to gross and wilful negligence of the Shyft agent or Partner.

4.2. The passenger is also obliged to arrive at the airport to collect the Bags from Us within the specified time as per Booking.

In the event that the Customer wishes to reschedule the delivery of the Baggage, such rescheduling request shall be provided to the Company two hours before the Baggage delivery agreed time, failing which the Partner or Shyft agent shall deliver the Baggage as per the agreed time and location. 

In the event that the Customer is delayed beyond thirty minutes from the scheduled delivery time to collect the Baggage, a late fee will be levied by the Company and there will be no refund. The costs of luggage delivery back to the Customer will be borne by the Customer. 

In the event that a Customer is delayed beyond one hour from the scheduled delivery time, the Company and its Partner shall be entitled to drop the Baggage in the possession of a statutory authority by updating the Customer of the same and in such cases, the Company or its Partner are not responsible for the safety of the Baggage or the items contained therein.

 4.3. The Customer shall provide: (i) photographic identification; (ii) travel documents [including visas etc. and (iii) sufficient evidence of the Customer ticket at the Scheduled Time and again at the Airport.

4.4. The Customer warrants that:

 

4.4.1. All Bags are properly labelled with the name of the Customer. The label should clearly indicate the name, the address, the phone number of the Baggage owner. It is also recommended to insert inside the Baggage the same information label.

4.4.2. The Customer have packed the Customer Bags themselves and are fully aware of the contents/items in their Bags;

4.4.3. The Customer have authority to deal with the Bag and its contents;

4.4.4. The Customer has the necessary travel documents required for the Customer travel (including all necessary visas, passports, permits and records of vaccinations).

4.4.5. The Bags are adequately packed with all due care and skill and contain no Prohibited Items;

4.4.6. The Customer are aware of the applicable boarding time of their flight and shall board the Customer flight before designated time;

4.4.7. Each Bag is within a maximum weight of 30kg and confirms with their respective airline’s baggage policy; 

4.4.8. The Customer should ensure complete and accurate address details are provided when requesting for the service. Incomplete or inaccurate addresses may result in delays in service provision and shall attract any obligation or liability towards the Partner or the Company may not be within the scope of liability of the service provider.

4.4.9. Subject to the terms mentioned herein, The Customer agrees to be present at the Baggage Collection Address provided by the customer at the Scheduled Time as set out at the time of Booking.

In the event that the Customer wishes to authorize another person to collect the Baggage from the Baggage Collection Address or wishes to change the Baggage Collection Address, such change shall be informed in writing to the Company and the Partner and the details of such change shall be uploaded on the Website and/or the Application. 

The Customer can make changes to the Services procured only once and such change as reflected on the Website or Application shall be construed final and binding on the Partner/Company.

5. Security Arrangements

5.1. As part of Our security procedures, the Bags may be screened by Our personnel. If our personnel are of the reasonable opinion that the Bags are unfit to be transported, they shall inform the Customer and the decision of the personnel are final and binding on the Customer. In such cases, the Partner/Company shall not be liable to the Customer in any manner whatsoever.

5.2. The Passenger consents to the recording of passenger data and images of travel documents and Baggage for a limited period of time in order for Our personnel to execute the Service efficiently and securely. The Passenger’s refusal to do so may result in the inability to provide the complete service, for which We may not be held responsible.

5.3. The Customer Bag shall not be opened and/or searched by Our personnel without the Customer consent, except if required by the following authorities: Police, Customs, the General Civil Aviation Authority or any other regulatory or governmental authority or the Airport operator.

5.4. We may refuse to accept the Customer Bags for security or safety reasons in accordance with these Terms (including airlines’ Conditions of Carriage for Passengers and Baggage).

5.5. Prohibited Items

5.5.1. Please note that a Customer is required to be aware of the requirements of the airlines and legal authorities with respect to Prohibited items and the Company and or its Partners shall not be responsible for making a Customer aware of the same. The list of Prohibited Items mentioned herein are purely indicative in nature and not exhaustive by any means. 

Passengers must not include in their Baggage any items for which carriage is prohibited or restricted by the applicable regulations and the law in force in any departure, arrival or transit State or State over which the aircraft flies, including in particular:

(a) Items that are liable to endanger the aircraft, the passengers and aircraft employees or property on board, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in the Carrier’s regulations, as applicable (additional information is available upon request from the Carrier); these items include, in particular, explosives, pressurized gas, oxidizing, radioactive or magnetized substances, inflammable substances, toxic or corrosive substances and liquid substances of any kind (except for acceptable amount of liquid contained in hand Baggage and intended for personal use by Passengers during their journey).

(b) Which the weight, dimensions, configuration or nature make them unsuitable for carriage.

(c) The carriage of Firearms and ammunition is subject to the policies provided by ICAO and IATA Dangerous Goods Regulations, as stated in paragraph (a) above, and to be accompanied by the relevant authorization documents.

(d) Sharp objects including antique weapons, swords, knives and other weapons of this type and aerosols that may be used as attack or defense weapons. These types of items may not be transported in the cabin under any circumstances. They may nevertheless be included in Checked Baggage, subject to acceptance by the Carrier and the Airline and to be accompanied with the relevant authorization documents.

(e) Live animals.

6. Right to Refuse and Blacklist

6.1. Not withstanding anything herein written, the Company may, at its sole and absolute discretion, blacklist you permanently or temporarily and reject your request to use the Application, Website and / or Service or any part thereof for such reasons as it deems fit, including but not limited to receiving complaints about you from third party providers or employees of the Company about your behavior or interaction with anyone whatsoever (including but not limited to third party provider, Company’s employees, law enforcement, government authorities) whilst and/or before using the Service.

7. Events Outside Our Control

7.1. We shall not be liable for any failure to provide the Services arising from any event outside our control or any action by the Customer or any third party including but not limited to:

7.1.1. Failure by the Customer to comply with these Terms;

7.1.2. Failure to provide accurate information at the time of Booking and provide relevant documentation and photographic identification at the Scheduled Time;

7.1.3. Failure by the Customer to attend the collection of your Bag at the Scheduled Time as specified in the Customer Booking;

7.1.4. Disruption of ground or air networks;

7.1.5. The actions of the following authorities of that particular country/city: Customs, Police, the General Civil Aviation Authority or any other regulatory or governmental authority or the Airport operator;

7.1.6. Failure by the Customer to ensure any Bag is within the Customer baggage allowance;

7.2. We shall not be liable for any damage to any Bag or its contents arising during the Services from any event outside Our control or action by any third party including the actions of the following authorities of that particular country/city: Customs, Police, the General Civil Aviation Authority, Airport or any governmental or regulatory agency.

8. Data Privacy

8.1. By accepting these Terms, the Customer is also agreeing that we may process information relating to you in accordance with, and otherwise accepting the terms of our privacy policy, which can be found at www.shyft.ae/privacy-policy.

9. The Company Liability

9.1. Our total liability to the Customer for loss and/or damage caused by Our negligence or breach of contract or otherwise which arises out of or in connection with the provision of (or failure to provide) the Services shall be limited to AED 500.0 in aggregate per bag subject to such claim being covered by insurance with our policy provider. In any event  as follows:

9.1.1. We shall have no liability for loss of or damage to any items.

9.2. For the purposes of these Terms, damage excludes fair wear and tear associated with the transfer of Bags including damage to wheels, handles, zippers and fastenings.

9.3. In the event that a Bag is damaged whilst under Our control, We reserve the right to make repairs to the Bag in lieu of any compensation for damage.

9.4. In the event that there is any delay to transfer such that the Bags do not arrive at the Airport on time, our liability to the Customer will be limited to AED 500.00 per Bag.

9.5. Regardless of the cause, We shall not be liable to the Customer for any:

9.5.1. Indirect, special or consequential losses;

9.5.2. Loss of profits, loss of revenue, business interruption, wasted management time, loss of goodwill or loss of data; and/or

9.5.3. Delay in performing or any failure to perform any of Our obligations under the Terms if the delay or failure was due to any circumstances beyond Our reasonable control.

9.6. We shall have no liability to the Customer in respect of any claim howsoever arising, if the Customer does not notify the Company in writing with sufficient detail as to the nature and amount of the claim within twenty fours (24) hours of the Scheduled Time. The Customer must then provide relevant documentation supporting their loss within an additional twenty four (24) hours.

10. Our Right to Cancel

10.1. We reserve the right to cancel the Customer Booking:

10.1.1. If We are unable to validate the Customer Collection Address;

10.1.2. If the Customer does not attend the Customer Collection Address at the Scheduled Time (note that We will give you fifteen [15] minutes grace, after which the Customer Booking shall be cancelled and no refund shall be payable by the Company);

10.1.3. If the Customer fails to provide valid photo identification and the necessary documents for the Customer travel;

10.2. We reserve the right to refuse to accept a Bag:

10.2.1. That is an Ineligible Bag;

10.2.2. That contain Prohibited Items;

10.2.3. In accordance with the Terms (including Airlines’ Conditions of Carriage for Passengers and Baggage);

10.2.4. Where the Customer cannot produce the necessary documents required for travel; 

10.2.5. In the event that the Customer or the Customer Bag breaches these Terms

11. Miscellaneous

11.1. These Terms form the Contract between the Company and the Customer for the provision of the Services.

11.2. We may subcontract the performance of all or some of the Services to a third party.

11.3. These Terms may be amended by us at any time by posting the amended terms on our website. The amended Terms will be effective upon the ‘effective date’ indicated in respect of Services agreed after that effective date.

11.4. The Customer must be at least eighteen (18) years of age to use our Services.

11.5. These Terms shall be governed by and construed in accordance with the laws of United Arab Emirates and the parties agree to submit to the exclusive jurisdiction of the courts of United Arab Emirates.

11.6. We reserve the right to reject or subsequently cancel Bookings where we believe there to be mis-use of our Services by you or a third party for commercial gain.

12. Website Content

All information, content and material contained in the Website are Company’s intellectual property. All trademarks, services marks, trade names and trade secrets are proprietary to the Company. No information, content or material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.

You expressly understand and agree that:

The information, content and materials on the Website and / or Service is provided on an “as is” and “as available” basis. Company and all its subsidiaries, affiliates, officers, employees, agents and partners disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement;

Company does not warrant that the functions contained in content, information and materials on the Website and / or Service, including, without limitation any third party sites or services linked to the Website and / or that the Service will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components;

Any material downloaded or otherwise obtained through the Website are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system; and

Company cannot and will not assure you that other Website users are or will be complying with the foregoing rules or any other provisions of these Terms, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance by you.

 

By using the Website, you represent and warrant that: 

You are 18 years of age or older and that your use of the Website will not violate any applicable law or regulation. All information provided on the Website by you is true, factual and accurate and you agree to maintain the accuracy of such information. In the event of any change in the accuracy of the information, You agree to inform the Company about such changes.

 

Access Outside U.A.E

The Company makes no representation that the content contained on the Website is appropriate to be used or accessed outside of the UAE. If the Users use or access the Website from outside the UAE, they do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may it be used for or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation is not authorized or to any person to whom it is unlawful to promote or solicit.