These are the Terms and Conditions for Services supplied to the Customer by the Seller. The
Customer should read these Terms and Conditions carefully before the Customer buys any
Services from the Seller. These Terms shall apply to all contracts for the sale of Services by
the Seller to the Customer to the exclusion of all other terms and conditions referred to,
offered, or relied on by the Customer, including any standard or printed terms tendered by
the Customer. It must be remembered that it is prohibited to make a double claim, ie, to make
a claim with IBI and also with the airline you travelled on. One claim cancels the other.
Those transports with origin and / or destination and / or transit through Afganistan, Georgia,
Iran, Irak, Siria, Somalia and Miramar, as well as countries or geographic zones in war conflict (declared or not)
or under sanction of the United Nations, European Union, United Kingdom or the USA in accordance with the
Sanction of Limitation and Exclusion Clause JC2010/014 ed 11/08/2010. Please see more information by clicking on our
countries not covered tab.
In this document the following words shall have the following meanings:
1.1 ‘Customer’ means the person who buys Services from the Seller;
1.2 ‘Seller’ is International Baggage Insurance thereafter known as IBI;
1.3 ‘Services’ means any articles supplied to the Customer by the Seller;
1.4 ‘Events Outside The Seller’s Control’ means events outside the Seller’s control as described in clause 8;
1.5 ‘Intellectual Property Rights’ means all inventions, patents, utility models, designs
(both registered or unregistered and including rights relating to semi-conductor topographies), database rights, copyright and trade marks (both registered and unregistered), together with all rights to the grant of and applications for the same and including all similar or analogous rights and all other rights in the nature of intellectual and industrial property throughout the world and all future rights of such nature;
1.6 “Accessories”: Chargers, carrying cases, headphones and hands-free mounting kits, USB cables but excluding a SIM Card that were supplied with your electronic equipment.
1.7 “Accidental Damage”: The unintentional and unforeseen failure, breakage or destruction of your electronic equipment, with visible evidence of an external force being applied and which results in the electronic equipment being unusable.
1.8 “Breakdown”: The failure of any electrical or mechanical component in your electronic equipment due to a sudden and unforeseen fault, which causes your electronic equipment to stop working in the way the manufacturer intended and which requires repair or replacement before the electronic equipment can be used again.
1.9 “Commencement Date”: The date your cover begins with us, as detailed in your insurance invoice.
1.10 “Computer Virus”: Means a set of corrupting, harmful or otherwise unauthorised instructions or code including a set of maliciously introduced unauthorised instructions or code, programmatic or otherwise, that propagate themselves through a computer system or network of whatsoever nature. Computer virus includes but is not limited to ‘Trojan Horses’, ‘worms’ and ‘time or logic bombs’.
1.11 “Cosmetic Damage”: Any damage which is non-structural, including but not limited to scratches, dents and marks, which does not affect the usage of the electronic equipment.
1.12 “Electronic Data”: Means facts, concepts and information converted to a form useable for communications, interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment and includes programmes, software and other coded instructions for the processing and manipulation of data or the direction and manipulation of such equipment.
1.13 “Electronic Equipment”: The item or items purchased and owned by you, as new and in full working order, from a registered company and for which you hold proof of purchase and that is insured by us as detailed in your insurance certificate.
1.14 “End date”: The date that all cover under your policy will cease being the date on your insurance invoice.
1.15 “Period of Insurance”: The period of time is the Outbound flight date and the Inbound flight date which is shown on your insurance invoice and that the policy will be in force for. Cover under this policy only applies when you are flying.
1.16 “Proof of Purchase”: An original receipt and any other documentation required to prove your electronic equipment was purchased and that it is owned by you – including the date of purchase, make, model, serial and IMEI number of your electronic equipment.
1.17 “Terrorism”: Any act including but not limited to the use, or threat, of violence or force by any person or organisation involving, causing or threatening harm or putting the public or any section of the public in fear if it is likely that the purpose is of a political, religious, ideological (of an intellectual or rational nature) or similar nature.
1.18 “Theft”: The unauthorised dishonest appropriation or attempted appropriation of the insured electronic equipment, by another person with the intention of permanently depriving you of it.
1.19 “Unattended”: Not visible to you and not within your arms’ length reach. We will not pay any claims for property left unattended in publicly accessible places. You must act as though you are not insured.
1.20 “Loss”: items left behind by you in aircraft seats, airport lounges, VIP lounges, departure and arrival areas in airports.
1.21 “Unauthorised Calls, Texts or Data Use”: Any calls, texts or data use made from your electronic equipment after the time that it was stolen, to the time that it was blacklisted by your airtime provider.
1.22 “You”, “Your”: The insured person, who owns the specified electronic equipment as stated on your insurance invoice.
2.1 These Terms will become binding on the Customer and IBI when IBI confirms that it is able to provide the Customer with the Services. At this point only a contract will come into existence between the Customer and IBI. If IBI is unable to supply the Customer with the Services, IBI will inform the Customer of this and no Order will be processed.
2.2 If any of these Terms & Conditions conflict with any term of the Order, the Terms & Conditions will take priority.
2.4 Only wheelchairs will be insured when carried inside a wheelchair case and bicycles inside a bicycle case & musical instruments inside their manufactured cases and insured in those 2 categories. These items cannot be insured as Basic, Intermediate or Superior.
2.5 PIR reports: Are only accepted when made with the Airline representatives at the Baggage Service/Arrival Service, located in the baggage area before leaving the Arrivals Lounge. The date, time and company stamp on the PIR will be proof that an agent has seen the damage at that moment. Any PIR reports made two hours or more after landing time will not be considered. Online PIR reports are not valid as it is considered that no airline personnel have physically seen the damage.
2.6 All sections of the Booking Form must be completed correctly. As this information is computer selected, any non completed section will mean that your booking is null and void. All Airline flight numbers must be added correctly (letters and numbers) and Locator numbers are not accepted as they are not recognised as a flight number. Any false flight details automatically void the cover.
- PRICE AND PAYMENT
3.1 The price shall be that in the current List Price or such other price as the Parties may agree in writing. The price is inclusive of VAT or any other applicable costs.
3.2 All prices quoted are in Euros unless changed by using the drop down price option on the web page booking page.
- THE BUYER’S RIGHTS TO CANCEL AND APPLICABLE REFUND
Where the Customer has placed an Order through our Website, the Customer may cancel:
4.1 At any time up to 72 (seventy two) hours before the start of the Service, should an order be cancelled in 72 hours or less then the Customer will forfeit the right of a refund.
4.2 If the customer cancels an Order, IBI will refund any amounts already paid by the Customer less the banking charges that the Customer may have paid by using a card as payment as in 4.1. and an administration fee of 4 (four) euros.
- IBI RIGHTS TO CANCEL AND APPLICABLE REFUND
5.1 IBI may have to suspend or cancel an Order before the start date for the Services due to an Event Outside IBI ´s control or the unavailability of key personnel or key materials without which the IBI cannot provide the Services. IBI will promptly contact the Customer if this happens.
5.2 If IBI has to cancel an Order under clause 5.1 and the Customer has made any payment in advance for Services that have not been provided to the Customer, IBI will refund these amounts to the Customer as in point 4.4.2
5.3 The Customer does not have to pay for any Services while they are suspended under this clause but this does not affect the Customer’s obligation to pay for any Services already provided.
5.4 IBI may cancel the contract for Services with immediate effect by giving the Customer written notice if the Customer does not pay IBI at the agreed time.
- SUPPLY OF SERVICES
6.1 IBI may need certain information from the Customer that is necessary for IBI to provide the Services. If the Customer does not, after being asked by IBI, provide IBI with this information or the Customer provides the IBI with incomplete or incorrect information, IBI may make an additional charge of a reasonable sum to cover any extra work that is required or may suspend the Services. IBI will not be liable for any delay or non-performance where the Customer has not provided information as requested.
6.2 The period of the policy will be the same as the period of your travel as shown on your booking application- Outbound and Inbound flight dates, flight numbers and times- The insurance begins at the moment you receive your baggage tag receipt from the airline and terminates on collecting your luggage from the arrival belt. Should a flight be delayed, the time will not affect the policy and will still be valid until the aircraft lands at the airport you have mentioned as your destination.
6.3 Cancelled flights/Airline cease trading; Should your airline cancel your flight or cease trading then automatically the insurance will be terminated. Any claims for the non-usage of the insurance must be made to the airline in question. IBI is not responsible for the airlines acts.
7.1 Unless otherwise agreed by the Parties in writing, IBI only supplies the services for private use. The Customer agrees not to use the services for any commercial, business or re-sale purpose, and the Customer has no liability to IBI for any loss of profit, loss of business, business interruption or loss of business opportunity.
7.2 The Seller does not exclude or limit in any way its liability for:
- death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) as amended from time to time;
- breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples) as amended from time to time;
- defective products under the Consumer Protection Act 1987 as amended from time to time.
- ELECTRONIC EQUIPMENT
Includes all Cameras and photographic material, Video cameras, Radios, Televisions, Musical instruments, Ipads, Mobiles, MP3, Lap Tops, Electronic Agendas, PDA´s, Personal defense and / or Hunting weapons, Diving equipment and googles.The policy is not on a “new for old” basis.Up to 50% of the amount insured on the Superior cover Option A. All other Options and Upgrades,although covering higher content is still restricted to the % of Option A on electronic equipment.
All items must always be inside the luggage insured. Independent components or parts or accessories are not included. All items must be adequately packaged for transport. There is no limit to the amount of electronic items carried in one bag and on one policy but the total that can be claimed is according to the amount you select. Therefore, on a Superior policy with a maximum of 1000 euros, only the % amount will be paid (according to the documents you provide) & irrespective of how many items you carry.
8.1 UNUSUAL VARIOUS ITEMS INCLUDED:
Up to 30% of the sum insured by the total package of cosmetics, medicines, personal sanitary ware, jewelery,
precious stones, pearls, watches, gold, silver or platinum objects, furs or other valuables that are regularly
worn that are inside the packaging checked in.
8.2 IBI does not exclude or limit in any way its liability for: death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) as amended from time to time; breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples) as amended from time to time; and defective products under the Consumer Protection Act 1987 as amended from time to time.
- EVENTS OUTSIDE THE SELLER’S CONTROL
IBI shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, volcanic eruptions and no go fly areas; IBI shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as IBI considers unreasonable, it may, without liability on its part, terminate the contract with the Customer.
The failure by either Party to enforce at any time or for any period any one or more of the Terms herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms.
- ENTIRE AGREEMENT
12. MONTREAL (1999) +WARSAW (1929) CONVENTIONS + THE HAGUE PROTOCOL (1955):
Agreements have been made at an International level which make acceptable, certain claim exclusions to luggage carried by airlines worldwide. In the course of normal handling during travel, your luggage may show evidence of wear and tear. No liability for normal damage to checked luggage, such as: broken wheels or feet+ zips + lost pull straps + minor cuts and scratches + damage resulting from over-packing + damage to retractable luggage handles + fragile or perishable items damaged during transport + items unsuitably packed or unsuitable for transportation + damage resulting from Transportation Security Administration (TSA) inspections. Paxport customers ONLY: You will be covered by IBI for broken wheels and broken zips that make the closure of the suitcase impossible and the probability of loosing items a possibility.
- COMPENSATION PROCEEDURE
13.1 Where the Customer is eligible to claim compensation during the period of insurance, the Customer must put forward their claim in writing with IBI within the designated timeframe as previously mentioned on the web page attaching the documents and photographs necessary.
13.2 Report the theft or loss of your mobile phone/ Ipad with Sim card within 12 hours of discovery of the occurence of the theft, to your airtime provider and instruct them to blacklist your handset.
13.3 Report the theft or loss of your electronic equipment to the police within 24 hours of the discovery and obtain a crime reference number & report in relation to the stolen items. Also a PIR report must be attained from the airline you have travelled with when the incident occured and must be obtained before leaving the Arrival Area of the airport. (see clause 2.5 for PIR explanation).
13.4 In the claim, the Customer must provide evidence of ownership as well as credible evidence that the content value matches the value declared upon commencing the Protection.
13.5 If the above terms are not adhered to, then your claim may not be paid or paid in full.
13.6 The Customer cannot raise a claim with IBI if coverage is refused or impossible, due to the Customer providing incorrect data on the booking form such as and not withstanding email and / or telephone details.
14.2 What information do we collect? We may collect and process the following data about you: Information that you provide by filling in forms on our Site. This includes information provided at the time of ordering one of our services, posting material on the Site or requesting Services.If you contact us, we may keep a record of that correspondence.We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.Details of transactions you carry out through our Site and of the fulfilment of your orders. Details of your visits to and usage of our Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.When booking services, you may be asked to provide us with personal information such as your name, billing address and delivery address details, your email address, and telephone number. We may also require your credit/debit card details, when you are placing an order.
14.3 IBI may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
14.5 Who might we disclose your information to? We may disclose your information to members of our group, our employees, our subsidiaries, affiliated companies and any successors in title to our business, for the purposes listed above. We will not disclose your information to any other third party except under the following limited circumstances:We may disclose your personal information to carefully selected service providers and agents who operate elements of our Site and process data on our behalf. These may include businesses who provide technology services such as hosting for our servers and email distribution and business partners who provide delivery fulfilment services.We may also use aggregate information and statistics for the purposes of monitoring Site usage in order to help us develop the Site and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.In assessing your request for Services, we may use your information for the purposes of the prevention and detection of fraud.We may also share your information with auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes.We do not hold your credit card details. Financial transactions take place directly and securely with our payment handling provider. If you believe your details are incorrect you can amend your details by contacting using the contact details in the Contact Us section of our Site.
14.6 Protecting your information: Our Site uses up-to-date industry procedures to protect your personal information. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we may have.
14.7 Access to information: If you would like to know what information we hold about you, please send us an email to the contact details in the Call Centre section of our Site. Any such request may be subject to a fee of 10€ to meet our costs in providing you with details of the information we hold about you.
14.8 Third party services:We may from time to time make available through our Site certain services provided by third parties. To gain access to these services, you must deal with these third parties directly. Please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
In no case shall this insurance cover:
15.1 Any item loaned, hired or entrusted to you; loss damage or expense attributable to wilful misconduct of the Assured.
15.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured,loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of these Clauses “packing” shall be deemed to include stowage in a container and “employees” shall not include independent contractors) loss damage or expense caused by inherent vice or nature of the subject-matter insured.
15.3 loss damage or expense caused by delay, even though the delay be caused by a risk insured against(except expenses payable under Clause 2 above) loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the vessel/aircraft/train/ or any vehicle where, at the time of loading of the subject-matter insured on board, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the voyage. This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.
15.4 loss damage or expense directly or indirectly caused by or arising from the use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
15.5 In no case shall this insurance cover loss damage or expense arising fault of aircraft or unfitness of aircraft for the safe carriage of the subject-matter insured, where the Assured are privy to such unairworthiness or unfitness, at the time the subject-matter insured is loaded therein.
15.6 Unfitness of container or conveyance for the safe carriage of the subject-matter insured where loading therein or thereon is carried out prior to attachment of this insurance or by the Assured or their employees and they are privy to such unfitness at the time of travelling.
15.7 The Insurers waive any breach of the implied warranties of airworthiness of the aircraft or any other vehicle to carry the subject-matter insured to destination.
15.8 In no case shall this insurance cover loss, damage or expense caused by war, civil war revolution, rebellion, insurrection or civil strife arising therefrom, or any hostile act by or against a belligerent power ,capture, seizure arrest ,restraint or detainment (piracy excepted) and the consequences thereof or any attempt threat, derelict mines, torpedoes, bombs or other derelict weapons of war.
15.9 In no case shall this insurance cover loss, damage or expense caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions resulting from strikes, lock-outs, labour disturbances, riots or civil commotions caused by any act of terrorism being an act of any person acting on behalf of, or in connection with any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted caused by any person acting from a political, ideological or religious motive.
15.10 Radioactive pollution.
15.11 Chemical weapons, biochemistry, electromagnetic, cyber-attack..
15.12 Risk of information technology.
15.13 Recognition of electronic signature.
15.15 The storage completion on the transit of goods
15.16 Exclusion and limitation of penalties. created jewellery in fine metals and precious metal.
15.17 Artwork, old or rare who´es value could be unusual.
15.18 Yarn lace, embroidery or fabrics with fine metals and legitimate silk lace.
15.19 Commercial or bank effects,
15.20 Stamps and other values also general mail,
15.21 Winning lottery tickets or other gambling coupons,
15.22 High quality fur articles,
15.23 Live animals,
15.24 Objects of art and removals,
15.25 Prepaid cards for Mobile phones.
15.26 Commercial samples unless authorised by IBI.
15.27 Perishable products – Meat,fish or fresh seafood either refrigerated or frozen.
15.28 All related to the press in all its variations.
15.29 Defected merchandise being sent back to origin.
15.30 Securities and security bonds also bank notes.
15.33 Theft/loss of money, checks, bills travel documents, souvenirs, coins, collections, professional tools as well as theft/loss or damage to luggage or personal objects in baggage that has not been checked in.
15.34 Corrosive + flammable + explosive + poisonous materials.
15.35 Will only be compensable direct material damage to the insured goods, not being so those other indirect or consequential damages, such as commercial damages for lost sales, exchange difference, loss of market or guarantee of origin, unless expressly agreed otherwise in particular or special conditions
15.36 Electronic equipment: Repairs or any other costs for:
- a) Cleaning,inspection,routine servicing or maintenance.
- b) Loss or damage arising from a manufacturers defect or recall of the item.
- c) replacement of or adjustment to fittings, control knobs or buttons,batteries or aerials.
- d) any repairs carried out without prior authorisation from us.
- e) wear and tear to the item and/or gradual deterioration of performance.
- a) Any claim if the serial number,IMEI or simgate has been tampered with in anyway.
- b) Any claim made, or any event causing the need for a claim to be made which occured prior to the commencement date of the period contracted with IBI.
- c) Any claim for a mobile phone or Iphone which has not been used for its core purpose since the inception of your policy or since it was added to your policy as verfified by your airtime provider.
- d) Any claim arising outside of the flights stipulated on your booking.
- e) Any repair or replacement if a Sim card registered to you was not in the insured mobile phone orelectronic equipment at the time of the incident.
- f) Any expense incurred arising from not being able to use the electronic equipment or any costs other than the repair or replacement costs of the electronic equipment.
15.37 Accidental damage,theft,breakdown or liquid damage to accessories of any kind.
15.38 Any breakdown arising from the failure of any electrical or computer equipment, software, micro-controller, microchip, Accessories or associated equipment to correctly recognise and process any calendar date or time.
15.39 Reconnection costs or subscription fees of any kind.
15.40 Costs arising from the replacement of any personalised ring tones, graphics, downloaded material or software.
15.41 Any costs for loss or damage to information or data or software contained in or stored on the electronic equipment whether arising as a result of a claim paid by this insurance or otherwise.
15.42 Any other costs that arise directly or indirectly from the event which led to your claim unless specifically stated in this policy.
15.43 Liability of whatsoever nature arising from ownership or use of the electronic equipment, including any illness or injury resulting from it.
15.44 Value Added Tax (VAT) where you are registered with HM Revenue & Customs for VAT.
15.45 Claims arising from terrorism, war, invasion, acts of foreign enemies, hostilities whether war is declared or not, civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, nationalism or requisition or destruction or damage to property by or under the order of any government or public or legal
15.46 Claims arising from damage or destruction caused by, contributed to or arising from (i) ionizing radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
or (ii) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or component
15.47 Claims arising from damage or destruction directly occasioned by pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds.
15.48 Claims for any electronic equipment used in connection with your profession or trade.
15.49 Any electronic equipment more specifically insured elsewhere.
15.50 Any claim if you are travelling to a country where the Foreign and Commonwealth Office (FCO) or any other countries Foreign Department have advised against.
15.51 This policy does not insure loss, damage, destruction, distortion, erasure, corruption or alteration of electronic data from any cause whatsoever (including but not limited to computer virus) or loss of use, reduction in functionality, cost, expense of whatsoever nature resulting therefrom, regardless of any other cause or event contributing concurrently or in any other sequence to the loss.
15.52 As per clause 12. (In the course of normal handling during travel, your luggage may show evidence of wear and tear. No liability for normal damage to checked luggage, such as: trolley wheels+zips+lost pull straps + minor cuts and scratches + damage resulting from over-packing + damage to retractable luggage handles + fragile or perishable items damaged during transport + items unsuitably packed or unsuitable for transportation + damage resulting from Transportation Security Administration (TSA) inspections.) will be covered by IBI.