LugLess.com Terms of Service

You (hereinafter “Customer”) agree to and acknowledge the following with respect to any services ordered (hereinafter “Booking”) by you or on your behalf from LugLess and its parent, subsidiaries and/or affiliates (hereinafter “LugLess”):

 

Recitals

LugLess provides a platform to facilitate the shipment of items via common carrier (hereinafter “Carrier”) and Customer desires to utilize the services. LugLess is willing to offer its services to Customer in accordance with the terms of this agreement and the operating rules or policies published by LugLess.

 

Description of Service

Pursuant to the terms and conditions set forth in this agreement, LugLess will generate and provide shipping labels (hereinafter “Waybills”) for shipping via Carrier. LugLess reserves the right to at its sole discretion refuse, cancel, terminate or hold any shipment when, in the judgment of LugLess, 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.

LugLess will make all commercially reasonable efforts to manage customer service functions, providing that the Customer provides timely and accurate information when available, concerning the shipment. Customer agrees that LugLess may modify, suspend or discontinue any aspect of the services at any time without notice to Customer, in which case LugLess shall not be liable to Customer or any third party. 

Customer further agrees that services are subject to all terms and conditions imposed by Carriers or any third party by LugLess to transport or otherwise handle Item(s), including but not limited to, any transportation agreements, applicable tariffs, other rules or procedures or terms and conditions described on such companies’ websites.

For reference, please see the FedEx Service Guide and the UPS Legal Terms and Conditions.

 

Rates & Rate Adjustments

Rates generated and displayed on the LugLess website 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 verified during the shipment process. The dimensional weight of an item can be calculated by multiplying the Length x Width x Height, in inches, and dividing that number by 139. Dimensions are calculated from the widest point of each side. Items will be charged at their billable weight, which is the greater of the actual weight and the dimensional weight. If the billable weight of any shipped Item exceeds the maximum billable weight allowed for the purchased Item category, rates will be prorated based on the per pound rate of the service purchased. 

Customer is responsible for paying all accessorial fees charged by a Carrier, including large package fees, address correction fees and delivery intercept fees. Customer is also responsible for all fees charged by any third party pickup or delivery location, such as a hotel, resort, golf course or Carrier location for handling the shipment. 

Any billing adjustments will be charged to the Customer approximately three weeks after a shipment is delivered.  LugLess will email the Customer a summary of any fees and/or adjustments charged by the Carrier that result from the Customer providing incorrect or inaccurate information at the time of booking (hereinafter “Rate Adjustment”).  Any Rate Adjustment will be automatically billed to the credit card that was used to purchase the original shipment. If LugLess is unable to charge this credit card, LugLess may bill other payment methods on file or Customer may be notified via email with instructions to settle the outstanding balance.  Failure to make payment within 30 days will result in a one time $20 late fee + 1% compounding monthly interest on any outstanding balance until it is paid in full. Customer acknowledges and agrees that LugLess will bill their credit card for the Rate Adjustment without further authorization. Customer may dispute the Rate Adjustment within 7 days of receipt of the shipment summary email.  LugLess will make commercially reasonable efforts to investigate disputes. The final determination regarding disputed Rate Adjustments will be at the sole discretion of the Carrier.

All services are not available in all areas. Rates are subject to change without notice.

 

Packaging

All customers are required to adequately package the contents of their shipments with the necessary protective material to prevent damage during shipment.  Each Item must have a unique, LugLess-provided Waybill securely attached to the outside in a manner that is clearly visible and will remain secured to the Item during shipment. Items must also have a copy of the Waybill placed inside. 

Failure to perform these actions may result in a delay of service or a complete loss of Item(s) and will void any warranties expressly provided to Customer herein. LugLess is not responsible for any damage to the exterior of any Item caused by adhesive from Waybill pouches or tape, soiling, marking or other types of surface damage.

 

Locking Your Items

Unboxed Items must be locked. Failure to lock unboxed Items will void Customer’s right to file a claim for lost or missing contents of Items.

 

Cancellations and Changes

During the booking process Customer has a choice of selecting a support plan which dictates if their Booking is Non-refundable (“Non-Refundable Service”), Partially refundable (“Partially Refundable Service”) or Fully refundable (“Fully Refundable Service”).  When applicable, all change and cancellation fees will be assessed once for each shipment tied to a Booking. 

Non-Refundable Service: This shipment can be cancelled at any point before it is shipped for a fee equal to the lesser of $50 or the amount paid for the shipment. This shipment can be changed before it is shipped for a fee of $10.

Partially Refundable Service: This shipment can be cancelled at any point before it is shipped for a fee equal to the lesser of $40 or the amount paid for the shipment. This shipment can be changed before it is shipped without any penalties or fees.

Fully Refundable Service: This shipment can be cancelled or changed at any point before it is shipped without any penalties or fees.

Any shipment not tendered to Carrier within 7 days of original shipment date will be automatically cancelled and any remaining balance after the cancellation fee will be stored as a LugLess account credit for 12 months.

 

Indemnity

Customer agrees to defend, indemnify and hold LugLess 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 LugLess Services, including but not limited to, your shipment of any Disallowed Goods as defined below.

 

Signature Release

Items may be delivered without a signature if, at the sole discretion of the Carrier, the Item(s) will be safe and protected from the weather. Once any Item is delivered, LugLess is not responsible for any Item delivered without signature. If a shipment is delivered to a business, a signature may be required for delivery. LugLess will not be liable for delayed or returned shipments due to a business being closed, or the absence or refusal of a person to sign for the shipment.

 

Address Information

LugLess is not responsible for delay or loss of any Item resulting from incorrect, incomplete or invalid address information provided by Customer. The Customer will be responsible for any Rate Adjustments associated with correcting or changing address information and/or fees associated with returning undeliverable Items to the origin address. LugLess cannot ship to Post Office boxes.

 

Hold for Pickup

Items held for pickup at a Carrier store or affiliated location may be subject to additional fees at the sole discretion of the hold location.  Items may be routed to an alternate location at the sole discretion of the Carrier. Any shipment containing an item that exceeds the size or weight limits of any Carrier store or affiliated location may result in the entire shipment being returned at the Customer's expense.  Government issued photo identification is required to collect luggage from a hold location.  Luggage will be held up to 7 days. If it is not collected within 7 days it will be returned at the Customer's expense or sent to a lost and found facility in the Carrier network for a finite amount of time before it is discarded.

 

Returned Shipments

If a shipment is returned to the LugLess holding facility in Boston, Massachusetts, it will be held for up to 7 days. Customer will be required to purchase a shipment to return item(s) to the intended address. If not completed, LugLess will return the shipment to a lost and found facility in the Carrier network as an unclaimed shipment. 

 

Disallowed Goods

No service shall be rendered in the transportation of any prohibited or restricted articles. Any shipment 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, range finders, and display 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, nail polish

(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 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 such as shaving cream, sunscreen, bug repellent, body spray, perfume, hair spray 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 (not collectible), traveler’s checks, lottery tickets, money orders, gift cards and gift certificates, prepaid calling cards (excluding those that require a code for activation), 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 item considered hazardous material by the Federal Aviation Administration: https://www.faa.gov/hazmat/packsafe/ 

(r) Any other item specified from time to time by LugLess including packages that are wet, leaking or emit an odor of any kind; shipments 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.

Violators of the Federal Hazardous Materials Regulations (49 CFR parts 100—185) may be subject to civil penalties of up to $75,000 for each violation ($175,000 if the violation results in severe injury or substantial destruction to property).

 

Shipping Insurance 

All shipping insurance coverage will be subject to Terms of Insurance.

 

Warranties

Delayed Shipments. LugLess will be in no way responsible for any losses, personal or business related, arising from the delayed Item. In the event that an Item enters the Carrier’s shipping network on the scheduled shipment date and does not arrive on or before 11:59pm local time on the guaranteed delivery date excluding delays due to factors beyond LugLess’ 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, your shipment shall be eligible for reimbursement of transit charges.  Shipment delays due to these occurrences void all responsibility and liability of LugLess. 

Lost or Missing Items. In the case of a missing Item, Customer must notify LugLess in writing within 48 hours of the scheduled delivery. If the Item and its contents are not located in their entirety within 14 days of the scheduled delivery, you may submit a claim. All decisions of any Carrier and insurance provider with respect to any loss claim shall be considered final. The actual claims process time will vary on a case-by-case basis.

Damaged Shipments. LugLess has no liability for damage or loss of protruding baggage parts such as wheels, straps, pockets, pull handles, hanger hooks or other items attached to baggage. LugLess has no liability for damage of any kind, including scratches, scuffs, punctures or other wear and tear, to any suitcase, bag, case or other outer container. 

If the contents of an Item are damaged during shipment, a claim must be submitted in writing within 48 hours of the scheduled or actual delivery, whichever is later. LugLess and/or its affiliates must be given access to physically inspect the damage for the reimbursement to be paid up to but not exceeding the amount for which the damaged item was covered upon proof of value. 

Customer must retain all outer packaging used for the shipment and packaging must conform with guidelines above in order to submit a claim. All decisions of any Carrier and insurance provider with respect to any damage claim reimbursement shall be considered final. The actual claims process time will vary on a case-by-case basis.

 

Right to Inspect

LugLess and its agents reserve the right to inspect and open any Item shipped by LugLess.

 

Warranty and Liability Disclaimer

EXCEPT FOR THE EXPRESS WARRANTIES MADE TO YOU UNDER THE HEADING ABOVE ENTITLED “WARRANTIES”, ALL INFORMATION CONTAINED ON THIS WEBSITE AND ANY AND ALL SERVICES PROVIDED TO YOU BY LUGLESS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. LUGLESS, 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 LUGLESS, 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 LUGLESS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF LUGLESS OR ITS AFFILIATES. LUGLESS 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. LUGLESS 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 LUGLESS, 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 LUGLESS, 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 LUGLESS, 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 LUGLESS DURING THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100.

 

General

This agreement is governed by the laws of the Commonwealth of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Boston, Massachusetts, 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 LugLess. 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 LugLess with respect to this website and any services provided to you by LugLess and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and LugLess 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 LugLess 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.

You further agree that you have read and agree to be bound by the additional terms contained in LugLess’ “Terms of Use and Privacy Policy” which may be found on LugLess’ website and that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of LugLess’ services.

Any rights not expressly granted herein are reserved.

 

Last updated: July 14, 2020