Terms and Conditions

LAST UPDATED: MAY 18, 2025
This Agreement is between you and BAGGAGE CLAIM concerning your use of (including access to) the Services. Your use of the Services constitutes your consent to this Agreement. The Services covered by this Agreement include any services provided by or on behalf of BAGGAGE CLAIM, including, but not limited to, BAGGAGE CLAIM’s subscription rental of accessories and clothing, including handbags and jewelry, made available to Members (as defined below) (the “Subscription”). If you do not agree with these Terms, you may not use the Services. This Agreement hereby incorporates by this reference any additional terms and conditions posted by BAGGAGE CLAIM through the Services, or otherwise made available to you by BAGGAGE CLAIM.

BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE (OR, IF OLDER, THE AGE OF MAJORITY) TO ENTER INTO THIS AGREEMENT.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 23 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND

THE SUBSCRIPTION IS AN AUTO-RENEW SUBSCRIPTION. IF YOU ARE SIGNING UP, PLEASE REVIEW THE DETAILS RELATED TO THE MONTHLY FEES AND AUTO-RENEW SETTINGS SET FORTH IN SECTION 5.7. YOU ACKNOWLEDGE THAT YOUR PAYMENT METHOD WILL BE CHARGED AUTOMATICALLY FOR AS LONG AS YOU ARE A MEMBER OF THE SUBSCRIPTION, AND YOU AGREE TO SUCH CHARGES. IF YOU HAVE ANY QUESTIONS ABOUT THE AUTOMATIC RENEWAL ASSOCIATED WITH THE SUBSCRIPTION, PLEASE CONTACT US AT: CUSTOMERSERVICE.BAGGAGECLAIM@GMAIL.COM 

1. CHANGES

We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Services (including access to the Services via any third-party links); charge, modify or waive any fees required to use the Services; or offer opportunities to some or all users of the Services. 

 

2. INFORMATION SUBMITTED THROUGH THE SERVICES

Your submission of information through the Services is governed by the terms of BAGGAGE CLAIM’S Privacy Policy, available at https://baggageclaim.shop/policies/privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Services is and will remain true, accurate, and complete, and that you will maintain and update such information as needed, and by providing such information (including information about other individuals), you are representing that you have the required permissions and consents to disclose such information.

 

3. PRODUCTS, CONTENT, SPECIFICATIONS AND ACCURACY OF INFORMATION

As part of the Services, BAGGAGE CLAIM rents and/or sells handbags, jewelry, clothing, and other accessories, as determined by BAGGAGE CLAIM in its sole discretion (“Accessories”) to its Members (defined below), and may make available listings, descriptions, and images of goods or services, or related coupons or discounts, including with respect to the Accessories (collectively, “Products”), as well as references and links to Products. Such Products may be made available by BAGGAGE CLAIM or by third parties, and may be made available for any purpose, including general information purposes. We make no representation as to the completeness, accuracy, reliability, validity, or currentness of any information available through the Services, including the listings, colors, descriptions or images (including any features, specifications and prices contained therein). All such information and the availability of any Products (including the availability or validity of any coupon or discount) are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make reasonable efforts to accurately display the attributes of the Products, including the applicable colors. The actual color you see, however, will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Products or services offered through the Services at a particular time does not imply or warrant that those Products or services will be available at any time. 

4. REGISTRATION; USERNAME AND PASSWORD

You may need to register to use all or part of the Services (“Account”), including to utilize your Membership. We may reject, or require that you change, any user name, password or other information that you provide to us in registering an Account. Your user name and password are for your personal use only and should be kept confidential; you, and not BAGGAGE CLAIM, are responsible for any use or misuse of your user name, password, or Account and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password, or your Account. 

5. MEMBER TERMS

5.1. General. As detailed below, once you have completed and submitted an application to be a member of the Subscription (“Application”), BAGGAGE CLAIM will review your Application. In its sole and absolute discretion, BAGGAGE CLAIM will decide whether to offer you membership to the Subscription ( “Membership”) based on your Application. If you are granted Membership, you will becomes “Member” and start to pay the Subscription Fees (as defined below) during the Membership Term (as defined below).

 

5.2. Application Process. In order to become a Member, you first must complete the Application, available on the Website. By submitting the Application, you acknowledge that BAGGAGE CLAIM will evaluate the information in the Application as part of the decision whether to offer you Membership. You represent and warrant that the information in the Application is true, accurate, and complete and you understand that BAGGAGE CLAIM relies on the Application for Membership evaluation. Further, by submitting the Application, you authorize BAGGAGE CLAIM to conduct a background check on you in connection with your Application. If BAGGAGE CLAIM learns, or has reason to believe, that the information in the Application is false, incomplete, or misleading in any way, BAGGAGE CLAIM may terminate this Agreement, and/or suspend your Subscription. If BAGGAGE CLAIM approves your Application, you may become a Member, subject to the terms of this Agreement.

 

5.3. Membership Rules. As a Member, you agree:

• You will be charged for your Membership.
• Your payment instrument will automatically be charged for the Subscription Fee, even if you have not rented an Accessory during that month if you have not cancelled your subscription or returned your item. 
• You are responsible for ensuring that the Accessories are well cared for during the Rental Period (defined below).
• If BAGGAGE CLAIM has any reason to believe that a returned Accessory is not the same item as the Selected Accessory (defined below) that was shipped to you, BAGGAGE CLAIM has the right to charge you, and automatically charge your payment method, for any re-authentication costs and, if applicable, the retail value of the Selected Accessory as determined in BAGGAGE CLAIM’s sole and absolute discretion.
• You will advise BAGGAGE CLAIM of any issues immediately, including any damaged or lost Accessories.

5.4. Membership Generally

5.4.1. Generally. The Membership is a monthly subscription. You will pay for the Membership each Month (as defined below). During the Membership Term, you will be able to rent one (1) or more Accessory, depending on your number of subscriptions. You must pay the Subscription Fee for each Month of the Membership Term on the Start Day of each Month.

(a) A “Start Day” is the numerical day on which your Subscription starts, and each monthly anniversary thereof. By way of example, if your Subscription starts on May 15, your Start Day will be the 15th day of every calendar month; if your Subscription starts on May 31, your Start Day will be the last day of every calendar month.

(b) Each “Month” commences on the Start Day, and continues until the Start Day of the following Month. By way of example, if your Subscription starts on May 15, the first Month of your Membership Term will be May 15 to June 14, and the second Month will start on June 15. 

5.4.2. Accessories. You can access the then current inventory of Accessories through your Account. The Accessories may not be available at all times, and BAGGAGE CLAIM is not responsible for some or all Accessories being unavailable when you want to rent them. The Accessories are available on a first come, first served basis, and you may not be able to rent Accessories at the time you desire. You agree that BAGGAGE CLAIM is not responsible for the unavailability of any Accessories. BAGGAGE CLAIM MAKES NO REPRESENTATIONS OR GUARANTEES WITH REGARD TO THE INVENTORY OF ACCESSORIES AT ANY TIME, NOR THE AVAILABILITY OF ONE OF MORE ACCESSORIES. Once you select an Accessory to rent, you can finalize the rental through your Account, subject to the terms of this Agreement. Once you select an Accessory to rent, BAGGAGE CLAIM confirms that the requested Accessory is available.

5.4.3. Shipping. A Selected Accessory will be shipped to the mailing address you provided through your Account. Please ensure that the mailing information is correct and current at all times. Selected Accessories will be shipped via the carrier of BAGGAGE CLAIM’s choice. Selected Accessories will be shipped with a signature requirement for delivery. The Selected Accessories will be shipped to you in packaging selected by BAGGAGE CLAIM (“Packaging”). The Packaging may be different for different Selected Accessories. All Packaging must be returned with the Selected Accessories. All references to Selected Accessories in this Agreement shall include the Packaging.

 

5.4.4. Rental Period. When you receive a Selected Accessory, you may return the Selected Accessory as soon as you want or keep it for as long as you want during the Membership Term, subject to the terms of this Agreement. The period of time you have a Selected Accessory is the “Rental Period.”

5.5. Accessories

5.5.1. Generally. The Accessories are the property of BAGGAGE CLAIM, and you acknowledge and agree that you are renting the Accessories only, and you do not have any ownership right in or to the Accessories, unless you purchase the Accessory, as set forth in Section 5.10. Not all Accessories are available at all times and the number of Accessories you are able to rent is limited to availability. 

5.5.2. Condition of Accessories. The condition of Accessories when you receive them may vary. Some Accessories will be brand new when you receive them, some Accessories may be gently used, and some Accessories may be vintage pieces that show signs of wear and tear. In the event an Accessory arrives to you in a substandard condition, please contact us immediately at customerservice.baggageclaim@gmail.com. The Accessories must be maintained in good condition and returned to BAGGAGE CLAIM in good condition. Please be aware that BAGGAGE CLAIM will inspect all Selected Accessories and you may be charged for any excessive damage or harm to the Selected Accessories.

5.5.3. Rental Process

 BAGGAGE CLAIM will send you an email with confirmation of shipment of the Selected Accessory if available. No rental requests are confirmed unless and until you receive an email confirmation that the Selected Accessory has shipped.

 

5.5.4. Returns. At the end of the Rental Period, you must return the Selected Accessory, in good condition pursuant to Section 5.9, unless you have purchased the Selected Accessory pursuant to Section 5.10. If you have cancelled your Membership, or have otherwise failed to pay the Subscription Fee for two (2) or more Months, and you do not return a Selected Accessory, or if BAGGAGE CLAIM has any reason to believe you will not return a Selected Accessory, BAGGAGE CLAIM may charge, and you authorize BAGGAGE CLAIM to charge, your payment instrument automatically the retail price of the Selected Accessory and collect the full retail price for such Selected Accessory. All determinations as to the retail price will be made in BAGGAGE CLAIM’s sole discretion.

5.5.5. Returned Items. If BAGGAGE CLAIM has any reason to believe that an item returned to BAGGAGE CLAIM at the end of the Rental Period is not the same Accessory that was shipped to you by BAGGAGE CLAIM, BAGGAGE CLAIM may expend costs to re-authenticate the returned item. You will be responsible for any such costs, and BAGGAGE CLAIM may promptly charge your payment instrument automatically for such costs. If the item as returned is not the same item as shipped to you, the Accessory will be treated as lost without coverage (as described in Section 5.11.4).

5.5.6. Limited to You. You are the only renter of the Selected Accessories, and you are the only person that is authorized to use the Selected Accessories. You will not allow any third party to use the Selected Accessories during your Rental Period. Your rights under this Agreement are limited to your personal, non-commercial use. You may not rent the Selected Accessories to any third party, nor charge third parties for use of the Selected Accessories.

5.5.7. Communication with BAGGAGE CLAIM. You agree that you will report any problem with the Selected Accessories, including but not limited to, damaged Selected Accessories or lost Selected Accessories to BAGGAGE CLAIM at customerservice.baggageclaim@gmail.com immediately (or immediately after you have, as necessary, contacted local emergency services or police). YOU ARE SOLELY RESPONSIBLE FOR THE SELECTED ACCESSORIES DURING THE RENTAL PERIOD, INCLUDING IF IT IS LOST OR STOLEN, SUBJECT TO THE COVERAGE PROVISIONS IN SECTION 5.11.

5.5.8. Lost or Stolen Accessories. All decisions as to whether a Selected Accessory is lost/stolen are to be made by BAGGAGE CLAIM, in BAGGAGE CLAIM’s sole and absolute discretion. If BAGGAGE CLAIM believes that a Selected Accessory is lost/stolen, the process described herein related to coverage will apply. BAGGAGE CLAIM shall have the right, but not the obligation, to take any action in connection with the recovery of lost/stolen Selected Accessories.

5.5.9. Charges for Damaged Accessories. If you return a Selected Accessory with damage exceeding normal wear and tear, as determined by BAGGAGE CLAIM in its sole discretion, you agree that BAGGAGE CLAIM may promptly charge your payment instrument automatically and collect the full retail price for such Selected Accessory. All determinations as to the retail value will be made at BAGGAGE CLAIM’s sole and absolute discretion. 

5.7. Fees and Payment

5.7.1. Generally. We make available the ability to purchase or otherwise obtain a Subscription through the Services, and may otherwise require payment for certain fees or other transactions as described herein (each a “Transaction”). 

5.7.2. Subscription Fee. The Subscription Fee is subject to change at any time by BAGGAGE CLAIM. The Subscription Fee includes your Membership fee for each Month, as well as shipping and return shipping fees for the Selected Accessories.

5.7.3. Card. In order to maintain your Membership, you must have a valid payment method on file in your Account. You may be asked to supply certain relevant information about your payment method, such as credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT METHOD THAT YOU SUBMIT TO THE SERVICES OR IN CONNECTION WITH A TRANSACTION. By submitting such information, you authorize us to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. 

5.7.4. Payment. On the Start Day of each Month, your payment instrument will be charged the Subscription Fee. You authorize us to charge your payment method for the Subscription Fee on each Month’s Start Day for each Month of the Membership Term. We will charge your payment method for the Subscription Fee and any other charges in accordance with these Terms until the end of your Membership Term or until you cancel your Subscription pursuant to Section 5.12 below.

5.7.5. Authorization. By becoming a Member, you authorize BAGGAGE CLAIM or its designee to charge your payment instrument for the Subscription Fee each Month during the Term and for any other Transactions as described herein. BAGGAGE CLAIM reserves the right to, but does not have the obligation to, determine whether your payment instrument is pre-authorized to accept a minimum charge equal to the Subscription Fee, or another amount determine by BAGGAGE CLAIM.

5.7.6. Non-Payment. If your payment instrument cannot be charged, in whole or in part, for any reason, you agree to pay all amounts due upon BAGGAGE CLAIM’s demand.

5.7.7. Termination for Non-Payment. BAGGAGE CLAIM may terminate or suspend this Agreement if your payment instrument cannot be charged.

5.7.8. Interest and Collection Costs. In the event you do not pay any amounts due under this Agreement, you will be liable to BAGGAGE CLAIM for any costs or expenses incurred by or on behalf of BAGGAGE CLAIM in connection with its collection of amounts due under this Agreement. Further, interest shall be payable on all amounts outstanding at the rate of at a rate equivalent to the prime rate according to the Wall Street Journal or another reputable business publication plus one percent (1%), or the maximum amount allowed by law, whichever is lower, per annum from the date such payment was due.

5.7.9. Taxes. All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.

5.7.10. Deposits. BAGGAGE CLAIM  reserves the right to request a deposit, and/or require the return of any or all Selected Accessories in your possession in the event you fail to pay the Subscription Fee, in the event BAGGAGE CLAIM is unable to charge your payment instrument, or in the event BAGGAGE CLAIM has reason to believe, in its sole discretion, that you may not pay the Subscription Fee.

5.8. Delivery. Once you have received a confirmation that your Selected Accessory is available, you will receive a notification that the Selected Accessory has shipped, with a tracking number. The Selected Accessory will ship via the courier of BAGGAGE CLAIM’s choice. The delivery of the Selected Accessory will be on a signature required basis. Please ensure that someone will be available to sign for the Selected Accessory. Delivery time for Selected Accessories may vary based upon (a) Accessory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. The risk of loss for Selected Accessories shipped passes to you upon delivery.

5.9. Returns

5.9.1. Generally. Unless purchased, all Selected Accessories must be returned to BAGGAGE CLAIM. Each Selected Accessory will be sent with materials to return ship the Selected Accessory. All Selected Accessories must be returned with Packaging, except for the dust bags, which you may keep.

5.9.2. BAGGAGE CLAIM Return Shipping Method. YOU MUST USE THE BAGGAGE CLAIM SHIPPING METHOD TO RETURN ANY ACCESSORIES TO BAGGAGE CLAIM. YOU MAY NOT USE YOUR OWN SHIPPING MATERIALS. Please keep all Packaging and packaging materials to return the Selected Accessories. You will be provided a shipping label by BAGGAGE CLAIM. If you have lost the shipping label, you may print a replacement from your Account or request one by emailing customer service.baggageclaim@gmail.com. You cannot use your own shipping method. Please ensure that the package is successfully delivered to the appropriate carrier pick up.

5.9.3. Your Own Shipping Method. IF YOU LOSE ANY RETURN SHIPPING MATERIALS PROVIDED BY BAGGAGE CLAIM, OR OPT NOT TO USE THE LABEL PROVIDED BY BAGGAGE CLAIM, OR OTHERWISE USE ANYTHING OTHER THAN THE MATERIALS AND LABELS PROVIDED BY BAGGAGE CLAIM, SUCH RETURN WILL BE AT YOUR OWN RISK, AND YOU WILL BE RESPONSIBLE TO BAGGAGE CLAIM FOR ANY DAMAGED OR LOST ACCESSORIES IN TRANSIT TO BAGGAGE CLAIM, OR THAT ARE NOT RECEIVED BY BAGGAGE CLAIM. PLEASE BE AWARE OF ANY COVERAGE LIMITATIONS ASSOCIATED WITH YOUR SELECTED RETURN METHOD IF YOU OPT NOT TO USE THAT WHICH IS PROVIDED BY BAGGAGE CLAIM, AS YOU ARE RESPONSIBLE FOR THE SELECTED ACCESSORY UNTIL IT IS RECEIVED BY BAGGAGE CLAIM.

5.10. Purchase. From time to time, BAGGAGE CLAIM may agree to sell Accessories to Members. If you are interested in purchasing an Accessory, please contact BAGGAGE CLAIM at customerservice.baggageclaim@gmail.com. The purchase of Accessories will be on separate written terms agreed to between you and BAGGAGE CLAIM.

5.11. Coverage. There are two types of coverage: (i) the base coverage that comes with each Subscription and (ii) an enhanced coverage plan. YOU WILL ONLY RECEIVE THE ENHANCED COVERAGE PLAN IF YOU SUBSCRIBE TO IT AND PAY FOR IT. If you want to change your coverage plan, please visit your Account. In each instance, there are limitations on what the coverage covers. COVERAGE WILL ONLY APPLY IF THE SELECTED ACCESSORY IS IN YOUR CARE, CUSTODY, AND CONTROL. BAGGAGE CLAIM IS NOT THE COVERAGE PROVIDER, AND ALL DECISIONS AS TO WHETHER THERE IS COVERAGE WILL BE MADE IN BAGGAGE CLAIM’S THEN CURRENT COVERAGE PROVIDER’S DISCRETION, AND ANY SUCH DECISIONS WILL BE BINDING. If you have a coverage policy that covers an Accessory, and you collect any payment from that coverage policy, you will have to reimburse BAGGAGE CLAIM for any amounts you collect under your policy towards the cost of the Accessory.

5.11.1. Base Coverage. Your Subscription includes a base coverage policy. The base policy covers normal wear and tear to the Selected Accessories. Normal wear and tear will be determined by BAGGAGE CLAIM in its sole discretion. There will be no obligation on your part if you suffer a loss of a Selected Accessory in a fire, robbery, or burglary, as long as the item was in your custody and control at the time. In the event of such a loss, you must forward a signed statement detailing the loss and a copy of the police report. If a Selected Accessory be returned in severely damaged condition, you are responsible for paying the amounts determined by BAGGAGE CLAIM in connection with such damaged item. If the normal wear and tear is a result of your negligence, or you intentionally damaged the Selected Accessory, in each case as determined by BAGGAGE CLAIM in its sole discretion, no coverage will apply.

5.11.2. Enhanced Coverage. If you elect to upgrade your coverage to the enhanced coverage, and pay for the additional fee through the Rental Period and at the time of damage, if a Selected Accessory is returned with damage that is more than standard wear and tear, you will not be responsible for the cost, unless, as determined by BAGGAGE CLAIM in its sole discretion, the damage was a result of your negligence, or you intentionally damaged the Selected Accessory, or the Selected Accessory was not in your care, custody, and control when the damage occurred.

5.11.3. Custody and Control. You will be 100% responsible for any loss or damage resulting if an Accessory is not in your care, custody and control. The only place a Selected Accessory can be left unattended is in your residence or your hotel room.

5.11.4. No Coverage. Regardless of the coverage you select, if you or BAGGAGE CLAIM terminates this Agreement, suspends your Membership, or your Membership is frozen, and all Accessories are not immediately returned, you are responsible for paying the retail value of the Selected Accessory to BAGGAGE CLAIM, and BAGGAGE CLAIM may charge, and you authorize BAGGAGE CLAIM to charge, your payment instrument automatically the retail price of all Accessories in your possession and collect the full retail price for such Accessories.

6. RULES OF CONDUCT

In connection with the Services, you must not:

• Post, transmit or otherwise make available through or in connection with the Services any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
• Post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
• Use the Services for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the Services.
• Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services; or violate any requirement, procedure or policy of such servers or networks.
• Restrict or inhibit any other person from using the Services.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Services except as expressly authorized herein, without BAGGAGE CLAIM’s express prior written consent.
• Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark or other proprietary rights notice from the Services.
• Frame or mirror or archive any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without BAGGAGE CLAIM’s express prior written consent.
• Systematically download and store content from the Services.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without BAGGAGE CLAIM’s express prior written consent.
• You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Services.

7. OUR PROPRIETARY RIGHTS

The Website, Social Media Accounts, and any Products, and all materials provided through the Services, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials”), are owned by BAGGAGE CLAIM or by respective third party supplies, authors, developers, or vendors (“Third Party Providers”) and are protected by proprietary rights and laws. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of BAGGAGE CLAIM. Our trade names, trademarks and service marks include BAGGAGE CLAIM and any associated logos. All trade names, trademarks, service marks and logos on the Services not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos without BAGGAGE CLAIM’s permission. Nothing contained on the Website or App, or otherwise available through the Services, should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner. 

Except where expressly provided otherwise by BAGGAGE CLAIM, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of BAGGAGE CLAIM’s intellectual property rights, whether by estoppel, implication, or otherwise. See the “Contact Information” section below if you have any questions about obtaining such licenses. Except as otherwise provided herein, Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by BAGGAGE CLAIM. BAGGAGE CLAIM does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by BAGGAGE CLAIM.

Baggage Claim is an independent company not affiliated with any third-party brands identified on or through the Services. Third-party brands identified on or through the Services: (i) do not authenticate the Products being offered through the Services, and (ii) do not assume responsibility for any Products rented or purchased through the Services. Third-party brands offered on or through the Services are not partners or affiliates of us in any manner. For more information regarding authentication of the Products, see our FAQ.

8. TERMINATION

This Agreement is effective until terminated. We may suspend or terminate your Account or your use of the Services at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Services at any time without notice. Upon any such termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and Account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2 shall survive any expiration or termination of this Agreement.

9. SUBMISSIONS

You may be able to make available certain materials (each, a “Submission”) through or in connection with the Services, including on profile pages or on the Service’s interactive services. BAGGAGE CLAIM has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. 

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY LAW, (A) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BAGGAGE CLAIM FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $1,000.00, (B) IN NO EVENT SHALL BAGGAGE CLAIM  BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, INCLUDING FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE, THE APP, OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, EVEN IF BAGGAGE CLAIM OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY PRODUCT OR THIRD PARTY MATERIALS IS TO STOP USING THE SERVICES. ALL LIMITATION OF LIABILITY OF ANY KIND (INCLUDING THIS SECTION) ARE MADE FOR THE BENEFIT OF BAGGAGE CLAIM AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, AND THIRD PARTY PROVIDERS (“AFFILIATED ENTITIES”).

You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity. 

11.  ACTUAL DAMAGES & COLLECTION

Without limiting any other provision of this Agreement, in the event you fail to pay the Subscription Fee, or any other amounts due or owing to BAGGAGE CLAIM, or to return any Selected Accessories, or return a Selected Accessory in a damaged condition, in addition to being charged the complete retail value of the Selected Accessory in your possession, you will be responsible to pay BAGGAGE CLAIM its ACTUAL DAMAGES, including but not limited to the Subscription Fee plus interest, as well as applicable costs or expenses incurred by BAGGAGE CLAIM in connection with collecting payment from you, cleaning the Selected Accessory, restoring the Selected Accessory, or otherwise fixing the Selected Accessory.

No provision of this Agreement limits or otherwise restricts BAGGAGE CLAIM from any recourse or other self-help process as permitted by law that BAGGAGE CLAIM may take to recoup or otherwise collect its property, including Accessories, or any amounts due.

12. LICENSES FROM YOU

12.1. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

12.2. Feedback. In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place BAGGAGE CLAIM under any fiduciary or other obligation.

17. REFUNDS

If a Member is ever unhappy with their Selected Accessory and would like a refund, they may email membership@vivrelle.com and someone from VIVRELLE’s team will be happy to assist and discuss best next steps.

13. PROMOTIONS 

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

14. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICES AND ANY PRODUCTS, ACCESSORIES AND THIRD PARTY MATERIALS ARE PROVIDED “AS IS,” AND ON A “WHERE AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY (B) BAGGAGE CLAIM HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUARY REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SERVICES, AND ALL PRODUCTS, ACCESSORIES AND THIRD PARTY MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. BAGGAGE CLAIM MAKES NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BAGGAGE CLAIM DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT BAGGAGE CLAIM DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. BAGGAGE CLAIM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. BAGGAGE CLAIM EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION) ARE MADE FOR THE BENEFIT OF BOTH BAGGAGE CLAIM AND THE AFFILIATED ENTITIES. 

Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, contact us at customerservice.baggageclaim@gmail.com with a description of such alteration and its location on the Services.

15. INDEMNITIES

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless BAGGAGE CLAIM and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Services (including all Submissions and use of the Accessories); and (b) any violation or alleged violation of this Agreement by you.

16. YOUR RESPONSIBILITIES; EXPORT CONTROLS

16.1 You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Services, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which BAGGAGE CLAIM controls and operates the Services and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity. 

16.2 You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

17. GOVERNING LAW; ARBITRATION

17.1  We will work in good faith to resolve any issue you have with the Website, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

17.2. In the interest of resolving disputes between you and BAGGAGE CLAIM in the most expedient and cost-effective manner, you and BAGGAGE CLAIM agree that ALL disputes arising out of or related to these Terms and/or your use of any of BAGGAGE CLAIM’s products, whether based in tort, statute, fraud, contract, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and BAGGAGE CLAIM. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BAGGAGE CLAIM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

17.3. Exceptions to Arbitration Agreement. Notwithstanding the paragraph above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if such an action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

17.4 No Class Actions. 

17.4.1. YOU AND BAGGAGE CLAIM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BAGGAGE CLAIM agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in New York, New York.