SERVICE AGREEMENT

This Service Agreement (the “Service Agreement”) is effective as of the date of purchase of the baggage tracking service product offered by Blue Ribbon Bags, LLC (“Provider”) by, or on behalf of, the airline passenger (“Passenger”). Provider and Passenger are collectively referred to hereafter as the “Parties”.

The Parties agree as follows:

1.     SERVICE AGREEMENT:

The baggage tracking service offered by Provider comprises retrieval service for undelivered bags that are not offloaded from the flight on which the passenger has taken, as reported by the airline (“Mishandled Baggage”), with a service satisfaction guarantee that includes remuneration for any Mishandled Baggage that is not retrieved within a fixed period of time.

The elements of the service are as follows:

(a)           Baggage Retrieval

As part of the Baggage Retrieval service, Provider shall actively engage with Passenger, airline and other resources to locate and expedite the return of Passenger’s Mishandled Baggage within 96 hours of the airplane’s actual arrival time at Passenger’s final destination (hereinafter referred to as the “Service Period”). Each service purchased will only apply to flights listed within the airline confirmation number that the service has been purchased for. Travel Agents may purchase the service under a “PNR” number dictated by their GDS. Online Travel Agencies may offer the product for round trip airline tickets purchased on their site, even if the round trip ticket encompasses multiple airline confirmation numbers.

(b)           Service Satisfaction Guarantee Payment

If the Baggage Retrieval service is not successful and the Passenger’s Mishandled Baggage is not returned, per these terms and conditions, within the Service Period, Provider shall pay the Passenger in accordance with the Service Satisfaction Guarantee Limit of Liability. Provider offers a choice of multiple levels of Baggage Retrieval services. Passenger shall elect the desired level of Baggage Retrieval services, with a corresponding Service Satisfaction Guarantee Limit of Liability, set forth in Section (d) below, and pay Provider the corresponding Service Agreement Fee, set forth in section (c), below.

(c)  Service Agreement Fee	(d) Service Satisfaction Guarantee Limit of Liability
$2.50	$500
$5.00	$1,000
$7.50	$1,500
$10.00	$2,000

Remuneration of the Service Satisfaction Guarantee Limit of Liability is limited to two (2) undelivered  bags per passenger.

 

In order to be eligible for the Baggage Retrieval services and Service Satisfaction Guarantee payment provided for in this Service Agreement Passenger accepts and must fully comply with the following:

2.     RESPONSIBILITIES AND UNDERTAKINGS OF PASSENGER:

1. Payment of the Service Agreement Fee by the Passenger shall constitute full acceptance by Passenger of the terms of this Service

2. All information provided to Provider for purchase of the baggage tracking service product, or when filing a mishandled baggage report, must be accurate and truthful. Inaccurate entries of information when purchasing the service, including mistaken passenger names, wrong airline choices, and wrong airline confirmation numbers, will void the Service Agreement and Passenger will be ineligible for any Baggage Retrieval services and Service Satisfaction Guarantee payments under this Service Agreement. All information provided to provider when reporting mishandled baggage will be used to process Mishandled Baggage Reports, including airline arrival times. If a Mishandled Baggage Report is denied due to inaccurate information provided by the passenger when filing their report, or if the passenger finds an error in the denial reason provided by Provider, passenger will have 12 hours to inform Blue Ribbon Bags of the error using the instructions provided in the denial letter. Any errors reported after the 12-hour period, or by any other means other than the instructions provided by the Provider, will not be considered, and the referenced Mishandled Baggage Report will not be “re-opened”, and Passenger will be ineligible for any Baggage Retrieval services and Service Satisfaction Guarantee payments under this Service Agreement.

3. If the provider informs the passenger, via email, of wrong information provided within the passenger’s Mishandled Baggage Report, passenger will have 12 hours to correct the information provided. Any misinformation not corrected by the passenger, within 12 hours of being informed will void the service agreement and mishandled baggage report, and Passenger will be ineligible for baggage retrieval services or satisfaction guaranteed payment.

4. Passenger must purchase the baggage tracking service product prior to the initial departure time of the airplane. Passenger must purchase the baggage tracking service prior to all flights within their outbound or inbound trip. Passenger may not purchase the service while in between legs of a journey (i.e. while in between connecting flights). All flights within a passenger’s itinerary must be covered with the Blue Ribbon Bags service in order to qualify for baggage retrieval services or the satisfaction guaranteed payment in the event of a mishandled bag. Any portion of a passenger’s trip that is not covered with the Blue Ribbon BagsService will disqualify the passenger from baggage retrieval services or the satisfaction guaranteed payment in the event of a mishandled bag, even in the event that all other flights within that journey have separate services purchased for them.

5. Passenger acknowledges that Provider has the right to reject any effort to purchase the baggage tracking service product and may cancel any Service Agreement (including the return of the Service Agreement Fee to the Passenger) at any time prior to the filing of a Mishandled Baggage Report by the Passenger.

6. Passenger must promptly, within the Service Period, report a claim to the airline (in the form required by the rules of the airline) that Passenger’s baggage has been mishandled or undelivered.

7. Passenger must receive from the airline an acknowledgement of the Mishandled Baggage claim, which must include a unique identifier for each bag (often called a file locator, reference or tracking number). Blue Ribbon Bags will not retrieve unique identifier numbers (file reference, locator, or tracking numbers) from the airline on the customer’s behalf. It is the passenger’s responsibility to collect this information from the airline when filing their lost baggage claim with the airline. Mishandled Baggage Reports not containing unique identifying numbers will not be processed, and Passenger will be ineligible for any Baggage Retrieval services and Service Satisfaction Guarantee payments under this Service Agreement.

8. Passenger must then report the Mishandled Baggage Claim to Provider, using the reporting methods as explained in section 2(j) of this agreement, including the airline-issued unique identifier for each bag, and all required information, within 24 hours of the airplane’s actual arrival time for the Mishandled Baggage Report to be processed.

9. If a passenger’s bag was mishandled by an airline that only issues Property Irregularity Reports (PIR) by the airline or through the airport, or a Baggage Irregularity Report (BIR) via the airline, a copy of the passenger’s Property Irregularity Report, or Baggage Irregularity Report must be provided to Blue Ribbon Bags within 24 hours of the passenger’s flight arrival time for their Mishandled Baggage Report with Blue Ribbon Bags to be processed. If a copy of this report is not provided to BRB within 24 hours of passenger’s flight arrival time, the passenger’s Mishandled Baggage Report will not be processed, and Passenger will be ineligible for any Baggage Retrieval services and Service Satisfaction Guarantee payments under this Service Agreement.

   • Any bag/s within this category will be considered “returned” to the passenger and the referenced MBR will be closed, per the terms and conditions of this service agreement, once the bag/s arrives at the airport on record with the flight itinerary or forwarding information provided to the airline by the customer when filing their lost baggage claim with the airline.

10. Passenger must report the Mishandled Baggage claim to the Provider, by filing a Mishandled Baggage Report with Provider, either:

    • online at https://www.blueribbonbags.com/MishandledBaggageReports or

    • by telephone at (888) BAGGAGE (888-224-4243), 24 hours a day, 7 days a week.

11. Passenger hereby expressly authorizes Provider to act on Passenger’s behalf in provision of the Baggage Retrieval service, including all direct communications with the airline, and agrees to promptly provide any required written or other confirmation of this authority.

12. Unless otherwise agreed to in writing, all payments, pursuant to the serviceSatisfaction Guarantee Payment, made by check for a specific Mishandled Baggage Report, are required to be cashed within 90-days of the check issuance date. Any checks not cashed within the 90-day time period from the date of issuance shall nullify the satisfaction guaranteed payment, and Blue Ribbon Bags will no longer be liable for any payments to that passenger for the referenced Mishandled Baggage Report.

13. If a Mishandled Baggage Report has been closed, due to the bags being returned within the service period, and the passenger finds the closure of the MBR to be an error, the passenger has 12 hours from the receipt of the closure email to inform Blue Ribbon Bags of the error. The passenger may inform Blue Ribbon Bags of this error by emailing the provider at mbr@blueribbonbags.com, and putting their MBR number in the subject line. Any error emails received after this 12-hour period will not be accepted, and the MBR file will not be reopened, and the passenger will not qualify for baggage retrieval services or our satisfaction guaranteed payment, regardless of the circumstances. If provider accepts the error, and the MBR file is reopened, the provider will have an additional 72 hours from the termination of the original 96 hours from when the passenger’s flight landed, otherwise known as the service period, to locate the passenger’s luggage. Once the baggage is received at the airport on record with the airline’s lost luggage claim, the bags will be considered returned, per the terms and conditions of this service agreement.

3.     ADDITIONAL TERMS:

1. This Service Agreement applies only to Mishandled

2. This Service Agreement does not cover Passenger for baggage that has been returned within the Service Period, regardless of the condition of the baggage or its contents.

3. This Service Agreement does not cover any theft or damage of baggage or its contents at any time, including after the baggage has been returned to Passenger.

4. Provider may cancel this Service Agreement, and Provider shall have no obligations to Passenger or any third party whatsoever, upon a fraud report or investigation by the airline or Provider related to any lost baggage claim or Mishandled Baggage Report. And Provider may tender such fraud claim to the appropriate investigating authorities.

5. This Service Agreement incorporates by reference any instructions having to do with mishandled baggage reports or baggage service features posted on the Provider website, including the regular updates.

6. This Service Agreement, including all obligations of Provider, terminates when the baggage is delivered by the airline at the end-point of the flight or when Passenger directly receives the baggage at the end-point of the flight or from the airline or its representative after a claim has been made and within the Service Period.

7. Returned bags that are delivered within the Service Period to the destination provided by Passenger to the airline will be deemed returned to Passenger in satisfaction of this Service Agreement.

8. If the Passenger indicates to the airline or Provider that they will pick up the located bag from the airline at the airport, instead of having the bag delivered to Passenger, at any point during the duration of the service term, the bag will be deemed delivered and returned to Passenger in satisfaction of this Service Agreement upon arrival of the bag at the airport on record with the airline lost baggage claim.

9. Remuneration of the Service Satisfaction Guarantee Limit of Liability for Mishandled Baggage is limited to two (2) bags per person.

10. Passenger is ineligible for multiple remunerations under the Service Satisfaction Guarantee Limit of Liability for the same Mishandled Baggage, even if multiple Service Agreements are purchased.

11. In the event Passenger has failed to pay the Service Agreement Fee, or Provider has rejected or cancelled the Service Agreement, the Service Agreement shall be of no force or effect and Provider shall have no obligations to Passenger or any third party whatsoever.

12. Property Irregularity Reports (PIR) issued by an airport (i.e. airport lost and found) or Baggage Irregularity Reports (BIR): Passenger is ineligible for any Service Satisfaction Guarantee payments under this Service Agreement for airline claim acknowledgements that issue as either a PIR by the airport or BIR. However, if the airline issues a separate payment (compensation) for the Mishandled Baggage, Provider will pay the Service Satisfaction Guarantee payment for Mishandled Baggage not returned within the Service Period. If the airline does not issue a separate compensation, Provider will have no payment obligation. Proof of payment by the airline for the Mishandled Baggage will be required.

13. Provider shall not be liable for any delay due to circumstances beyond its control. This is including, but not limited to, with regard to delivery failures by third-party carriers attempting to deliver the retrieved baggage to Passenger, or any failure by Passenger to use reasonable efforts to receive the retrieved baggage within the Service Period or assist the provider in any way requested by the provider within the Service Period. This includes any bag that has arrived at the airport on record with the airline lost luggage claim that is not sent out for delivery within a reasonable amount of time from being received at the airport. This includes requests by Provider for description of baggage, lists of contents within passenger’s baggage, or any identifying tags or marks placed on baggage by passenger. All requests of this nature are required to be responded to by the passenger within 12 hours of the request made by the provider. Any requests not responded to within 12 hours of the request being made by the Provider will void the Mishandled Baggage Report and passenger will no longer be eligible for baggage retrieval services or any satisfaction guaranteed payment under this service agreement.

14. This Service Agreement is non-refundable and non-transferable. If the passenger’s flight is cancelled or changed and a new flight is booked in its place which is not listed under the passenger’s airline confirmation number with which their service was purchased, passenger must purchase a new service for their new flight. For purchases made through online ticketing websites: each purchase is per the itinerary booked through the online website, which will be listed under the confirmation number provided by that website at the time of purchase. Any changes, including flight cancellations and re-bookings, to the itinerary occurring outside of the web booking will require a separate service to be purchased for any new flights booked.

15. Governing Law; Jurisdiction: This Service Agreement and all claims arising from the agreement of the Parties contemplated herein, whether or not arising directly under this Service Agreement, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to conflict of laws provisions. The Parties agree to the exclusive jurisdiction of the state and federal courts sitting in the State of New York, New York County for the adjudication of all disputed arising under this agreement.