You (hereinafter “Customer”) agree to and acknowledge the following with respect to any services ordered by you or on your behalf from TripHero LLC (hereinafter “TripHero”):
TripHero provides luggage and sports equipment shipping services and Customer desires to utilize these services. TripHero is willing to offer its services to Customer in accordance with the terms of this agreement and the operating rules or policies published by TripHero.
DESCRIPTION OF SERVICE
Pursuant to the terms and conditions set forth in this agreement, TripHero will arrange and manage luggage and sports equipment shipping services. TripHero reserves the right to at its sole discretion refuse, cancel, terminate, or hold any shipment when, in TripHero’s judgment, the shipment or requested shipment may not comply with the terms of this agreement, is undeliverable, is unfit for shipment, could be easily damaged, and/or may contain possible dangerous, regulated, or illegal items. TripHero will make all commercially reasonable efforts to manage all necessary customer service functions and logistics arrangements, including coordination and oversight of contracted shipping and transportation companies, providing that the Customer provides timely and accurate information when available, concerning the shipment. Customer agrees that TripHero may modify, suspend, or discontinue any aspect of the services at any time without notice to Customer, in which case TripHero shall not be liable to Customer or any third party. Customer further agrees that services are subject to all terms and conditions imposed by shipping and transportation companies contracted by TripHero to transport shipment(s), including but not limited to, any transportation agreements, applicable tariffs, other rules or procedures or terms and conditions described on such companies’ websites,
Rates generated on the TripHero website or by a TripHero customer service representative are based upon the information provided by the Customer at the time of inquiry. Final rates will be based upon actual weights and dimensions of each suitcase, box, or case (hereinafter each an “Item” and collectively “Items”) that is shipped and will be verified during the shipment process. Dimensions are calculated from the widest point of each side. If the actual weight or dimensions of any shipped Item exceeds the maximum allowed for the quoted Item category, rates may adjust to reflect the next largest available Item category. If a larger category does not exist, additional charges will be prorated for the weight or dimension exceeding the maximum allowed in the largest category. Customer is responsible for all fees charged by a pickup or delivery location, such as a hotel or resort, or authorized drop off location for handling the shipment. All services are not available in all areas. Rates are subject to change without notice.
All customers are required to adequately package the contents of their shipments with the necessary protective material to prevent damage or loss. Bicycles must be packaged in hard-sided (rigid plastic, heavy corrugated cardboard or similar). TripHero will in no way be liable for insufficiently packed or secured items, including, but not limited to, items that are protruding, exposed, or inadequately secured in side or peripheral pockets or compartments of any luggage. All Items must have a shipping label provided by TripHero securely attached to the outside of each Item and all Items must have a copy of the shipping label placed inside. Failure to perform these actions may result in a delay of service or a complete loss of your Item and will void any warranties expressly provided to you herein. Customer may contact TripHero for further information on acceptable packaging guidelines.
LOCKING YOUR ITEMS
Domestic Shipments. Items traveling within a single country must be locked. Failure to lock Items will void Customer’s right to file a claim for lost or missing contents of Items.
International Shipments. Items traveling between two countries must be unlocked as Items may have to be opened as a normal part of the Customs screening process. If Customer locks or otherwise seals an Item and Customs cannot open Item through other means, then the lock or seal may have to be broken. TripHero is not liable for damage caused to locked sealed Items that must be opened for security or Customs screening purposes. Locking any Item traveling internationally can cause extended delays and will void any warranties expressly provided to you herein.
CANCELLATIONS AND CHANGES
TripHero is aware that travel schedules can change and will make every reasonable effort to minimize fees resulting from cancellations and scheduling changes.
Cancellations. TripHero will refund all charges for cancellations made within forty-eight (48) hours of booking. Customers wishing to cancel a booking after such time, may receive a full credit toward their next booking only; provided, however, that bookings cancelled within three (3) business days of the scheduled Item pick-up date will not be credited or refunded and will be forfeited in their entirety.
Changes. Changes to pickup dates are allowed, without fees, if made at least seventy-two (72) hours prior to the original scheduled pickup time. Changes made between seventy-two (72) hours and twenty-four (24) hours prior to the original scheduled pickup date may be assessed a $25.00 administrative fee in addition to any difference in rate. Changes made within twenty-four (24) hours of pickup date may be assessed an administrative fee of greater than $25 in addition to any difference in rate.
Customer agrees to defend, indemnify, and hold TripHero and its owners, officers, directors, shareholders, workers, clients, and agents harmless from all claims, demands, causes of actions, damages, liabilities, costs, and expenses, including attorneys’ fees, arising from or related to your acts or omissions in connection with your use of this website or any of the TripHero’s Services, including but not limited to, your shipment of any Disallowed Goods as defined below.
Items may be delivered without a signature if, in the sole discretion of the delivery driver, the Item(s) will be safe and protected from the weather. It is the responsibility of the Customer to request that Item(s) require a signature for delivery at the time of booking. Once any Item is delivered, TripHero is not responsible for any Item delivered without signature. If an Item is delivered to a business, a signature may be required for delivery. TripHero will not be liable for delayed Items due to a business being closed, or the absence or refusal of a person to sign for the Item.
TripHero is not responsible for delay or loss of any Item resulting from incorrect, incomplete, or invalid address information provided by the Customer. The Customer will be responsible for any charges associated with correcting or changing address information and/or charges associated with returning undeliverable items to the origin address. TripHero does not and will not ship to Post Office boxes.
No service shall be rendered in the transportation of any prohibited or restricted articles. Any Item tendered by Customer that contains any of the following commodities will void any warranties expressly provided to you herein and may be in violation of local, state or federal law: (a) Electronics including, but not limited to, laptops, personal computers, stereo equipment, personal audio devices, cell phones, laptops, range finders, and plasma screens; (b) Batteries including all wet or lithium batteries including, but not limited to, batteries integrated within electronic devices such as cell phones, laptops, tablets and personal audio devices; (c) Alcohol including alcoholic beverages, or anything containing alcohol including, but not limited to, perfume, cologne; (d) Drugs including all illegal narcotics, prescription medications, vitamins, supplements and medical equipment (including test meters) as defined by any jurisdiction where a shipment may originate, terminate or pass through during transportation; (e) gambling devices; (f) firearms & ammunition; (g) hazardous materials including infectious substances, poisons, hazardous or corrosive chemicals, poisons, tear gas, mace, pepper spray, dry ice, infectious substances, any explosives such as fireworks and any flammable or combustible materials such as gasoline; (h) pressurized containers including, but not limited to, aerosol cans and CO2 cartridges; (i) live animals, including pets and insects; (j) animal carcasses, including animal corpses, animal heads, or other parts for taxidermy and meat or poultry products intended for human consumption; (k) human remains, including human corpses, fetal remains, human body parts, cremated or disinterred human remains, or components thereof; (l) hazardous waste including, but not limited to, used hypodermic needles or syringes, or other medical waste ,or as defined as a solid waste that meets any of the criteria of the hazardous waste; (m) waste, including any items considered garbage or intended for disposal; (n) cash or negotiable papers, including coins, cash, currency stocks, bonds, cash letters, or cash equivalents, including, but not limited to, food stamps, postage stamps, traveler’s checks, lottery tickets, money orders, gift cards and gift certificates, prepaid calling cards, bond coupons, and bearer bonds, and negotiable instruments (such as drafts, bills of exchange, or promissory notes, checks), or other cash equivalents; (o) tobacco products, including cigarettes, cigars, chewing tobacco, and pipes; (p) any food item including spices, oils, or any other organic matter; (q) any other item TripHero specifies from time to time by including packages that are wet, leaking, or emit an odor of any kind; Items that may cause damage or delay to equipment, personnel, or other shipments; or shipments or commodities that require a local, state, or federal license for their transportation or that are prohibited by applicable local, state, or federal law.
TripHero shall be liable only for an Item lost or missing in its entirety, e.g., a lost or missing bag or suitcase, and shall not be liable for damage to, loss of, or missing individual or specific items or effects contained within an Item after Customer has received that Item. Nor shall TripHero be liable for damage to shipping containers, e.g., suitcases, luggage, bags, or boxes, incurred in transit. Customer must notify TripHero of a lost or missing Item in a timely manner, which shall not exceed seven (7) business days from the scheduled delivery date. The actual claims process time will vary on a case-by-case basis. TripHero’s maximum liability for a lost or missing shipment is limited to the actual cash value of any Item, which shall not exceed $500.00, unless the Customer declares a higher value and purchased commensurate insurance coverage in advance of the Item being shipped and documents any actual loss or damage in a timely manner. TripHero is no in way liable or responsible for any losses or damages to Items left unattended while waiting for pickup or property left unattended after delivery.
Only one claim can be filed in connection with each Item. Acceptance of payment of a claim shall extinguish any further right to recover in connection with that Item. This value protection does not constitute, nor do we provide, cargo liability insurance, or any other type of insurance. It does not cover, and TripHero is in no way liable, for any subsequent losses resulting from damaged or lost Items or any of the costs incurred with replacement of those goods.
TripHero is not responsible for delays due to factors beyond TripHero’s control including but not limited to, direct or indirect, acts of God, the unavailability or refusal of a person to accept delivery of the shipment; acts of public authorities acting with actual or apparent authority; acts or omissions of customs or similar authorities; insufficient information provided by a customer; hazardous materials packages improperly offered for transport; improperly packaged liquids or gels that leak and damage surrounding items; the application of security regulations imposed by the government, or otherwise applicable to the shipment; riots, strikes or other labor disputes; civil unrest; disruptions in air or ground transportation networks; natural disasters; incomplete or incorrect address information; delay or seizure by Customs or similar authority; severe weather; and/or failure of delivery equipment. Shipment delays due to these occurrences void all responsibility and liability of TripHero. TripHero is in no way liable or responsible for any losses or damages to items left unattended while waiting for pickup or property left unattended after delivery. TripHero shall, in no manner, be liable for the loss of or physical damage to certain items or contents, including but not limited to: (a) Electronics, including, but not limited to, laptops, personal computers, stereo equipment, personal audio devices, cell phones, laptops, and plasma screens; (b) fragile items, including any breakable or temperature sensitive items; (c) glassware, including, but not limited to, signs, mirrors, ceramics, porcelains, china, crystal, glass, framed glass, and any other commodity with similarly fragile qualities; (d) musical instruments; (e) software or components; (f) valuables, including articles of unusual value, which shall be deemed to include any commodity that by its inherent nature is particularly susceptible to damage, or the market value of which is particularly variable or difficult to ascertain; (g) works of art, including any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes, but is not limited to, items (and their parts) such as paintings, drawings, vases, tapestries, limited-edition prints, fine art, statuary, sculpture and collector’s items; (h) collector’s items, including, but not limited to, coins, stamps, sports cards, souvenirs, and memorabilia; (i) furs, including, but not limited to, fur clothing, fur-trimmed clothing, and fur pelts; (j) antiques, including any commodity that exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include, but are not limited to, furniture, tableware and glassware; (k) jewelry including, but not limited to, costume jewelry, watches and their parts, mount gems or stones (precious or semiprecious), industrial diamonds, and jewelry made of precious metal; (l) precious metals & gems including, but not limited to, unset precious stones, industrial diamonds, any article that contains more than 50 percent by weight of gold or platinum, or any combination thereof in raw form including, but not limited to, bullion, bars, dust, or scraps of these metals; (m) scale models including, but not limited to, architectural models and dollhouses, and prototypes; (n) disallowed goods as defined herein; (o) Any other item TripHero shall specify from time to time. Any Item containing any of the aforementioned items shall void any warranties expressly provided to you herein.
Delayed Shipments. In the event that an Item is delayed, TripHero will make every effort to locate the Item in a timely manner and deliver it to its intended destination. Notwithstanding anything to the contrary set forth herein, TripHero will provide to the Customer, free of charge, reasonably comparable clothing and/or sporting equipment until the day the delayed shipment arrives. However, if the Customer elects instead to purchase their own clothing or sporting equipment, TripHero will reimburse the cost of such Customer’s purchases up to a maximum of $250.00 only.
Lost or Missing Shipments. In the case of a lost or missing Item, TripHero will have eight (8) business days following the scheduled delivery date to locate the Item and notify the Customer of the status. If the Item is not located in its entirety within this period, TripHero will then proceed to gather information to process a reimbursement for the actual cash value of the lost Item(s) up to a maximum value of $500.00, unless the Customer previously declared a higher value and purchased commensurate insurance coverage in advance of the Item being shipped. Customer must notify TripHero of the loss in a timely manner, which shall not exceed seven (7) business days from the scheduled delivery date. The actual claims process time will vary on a case-by-case basis.
Claims. Any claim must be submitted in a timely fashion. The actual claims process will vary on a case-by-case basis. In order to receive compensation, you may need to sign a claims release agreement.
TripHero will make all commercially reasonable efforts maximize the likelihood of a timely Customs clearance process and to minimize duties, taxes, or other fees imposed by Customs or similar authorities. Customer is responsible for supplying TripHero with the complete contents contained in an Item. All documents and images provided to TripHero must be clear and legible. Any duties, taxes or other fees incurred during the Customs process will be passed on to the Customer. Fees may be charged to Customer’s credit card given during booking or may be billed directly from third party Customs brokerage or shipping company. If a shipment is delayed by Customs or similar authority, TripHero will make every possible effort to resolve the issue and have the Item released, yet Customs delays are out of the realm of TripHero’s immediate authority. TripHero will not be liable for any losses resulting from delays that occur due to Customs inspections for international shipments. Shipments delayed due to Customs or similar authorities during international shipments will not be covered under the Delayed Shipments Warranty. You acknowledge that any goods shipped by TripHero are subject to confiscation by United States and foreign Customs officials and other similar agencies. Disallowed items vary from country to country, please contact TripHero if you have a question about sending a specific item to a specific country.
RIGHT TO INSPECT
TripHero and its agents reserve the right to inspect and open any Item TripHero ships.
WARRANTY AND LIABILITY DISCLAIMER
EXCEPT FOR THE EXPRESS WARRANTIES MADE TO YOU UNDER THE HEADING ABOVE ENTITLED “WARRANTEES”, ALL INFORMATION CONTAINED ON THIS WEBSITE AND ANY AND ALL SERVICES PROVIDED TO YOU BY TRIPHERO ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TRIPHERO, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION ON THIS WEBSITE AND ANY SERVICES PROVIDED TO YOU BY TRIPHERO, ITS EMPLOYEES, AGENTS, AFFILIATES, OR SUPPLIERS, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE SHIPPING AND TRANSPORTATION COMPANIES PROVIDING SERVICES FOR AND ON BEHALF OF TRIPHERO ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TRIPHERO OR ITS AFFILIATES. TRIPHERO AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SHIPPING OR TRANSPORTATION COMPANIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TRIPHERO AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL TRIPHERO, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE, OR FOR ANY SERVICES OBTAINED THROUGH THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF TRIPHERO, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TRIPHERO, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE LESSER OF THE FEES PAID BY YOU TO TRIPHERO DURING THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100.
This agreement is governed by the laws of Colorado, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Eagle County, Colorado, USA, in all disputes arising out of or relating to the use of this website, any purchases made using this website or any services provided to you by TripHero. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and TripHero with respect to this website and any services provided to you by TripHero and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and TripHero with respect to the matter set forth herein. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Neither TripHero nor any Affiliate or any of their respective Suppliers shall be deemed to be in default of this Agreement or be liable for any delay or failure in performance resulting directly or indirectly from any act of God, civil or military authority, civil disturbance, war, strike, fire, earthquake or other cause beyond its control.
Any rights not expressly granted herein are reserved.
Last modified March 6, 2020
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