Openskies

These Terms of Service (“Terms”) govern the shipment and delivery services (“Services”) provided by SkyBags (Pty) Limited (“SkyBags”, “we” or “us”) and Skybags365.com (“website”). By scheduling, booking, or tendering any item for shipment through SkyBags, the customer (“Customer,” “you”) agrees to be bound by these Terms, and all policies referenced herein, including the Privacy Policy, which is incorporated by reference and forms an integral part of this Agreement.

RATES

Rates generated on the www.SkyBags365.com website or by a SkyBags customer service representative are based upon the information provided at the time of inquiry. Final rates will be based upon actual weights and dimensions verified during the shipment process. Actual weights will be generated by the greater of the actual weight OR dimensional weight of each suitcase, box or case (hereinafter "Item”).

The dimensional weight of an Item can be calculated by multiplying L x W x H in centimetres and dividing by 5000 for international shipments. Dimensions are calculated from the widest point of each side. If actual weight or dimensional weight exceeds that of the quoted Item, rates will adjust to reflect the next largest available Item class. If a larger class does not exist, additional charges will be prorated for the weight exceeding the quoted weight allowance. Final charges may differ from quoted prices due to actual weights and dimensions. All services are not available in all areas. Rates are subject to change without notice.

LUGGAGE WEIGHT ALLOWANCES

All luggage items delivered are priced according to the following weight or dimensional weight allowances:

  • Small Suitcase: Up to 10 kg
  • Carry-on Suitcase: Up to 15 kg
  • Medium Suitcase: Up to 20kg
  • Large Suitcase: Up to 30 kg
  • Sports Bag: Up to 20 kg
  • Large Duffel Bag: Up to 25kg

Please note that any item with any one length between 120cm and 240cm may incur a surcharge. For items with any one length greater than 240cm, please contact SkyBags prior to shipping as there may be restrictions in the origin and/or destination countries.

OVERWEIGHT CHARGES

If actual weights and/or dimensions exceed either the limits above or the weight and dimensions given to us when you place the order, we may need to adjust the charges accordingly. These prices may vary, and some adjustments may occur retroactively after the order has been completed. All items exceeding these weight allowances are subject to additional charges. The Company reserves the right to alter or amend these charges at any time without prior notification. Any item overweight may be refused for collection or delivery and may cause delays to your order. Each item must be able to be lifted by an individual unless agreed in writing prior to collection.

PACKAGING

All customers are required to adequately package the contents of their shipments with the necessary protective material to prevent damage. Customers may contact SkyBags for further information on acceptable tags and packaging guidelines. Items shipped in suitcases or purpose-built carrier cases maybe shipped without an outer box, provided the case is in good condition and properly secured.

All Items must have a SkyBags approved shipping label securely attached to the outside of the Item and a copy placed inside. Failure to perform these actions may result in a delay of service, complete loss of your Item, and may void any warranties. SkyBags will insure BAGGAGE for loss and damage provided they are packed properly in approved hard-sided cases; cardboard boxes will be insured for Loss only and not damage.

Disallowed goods: Customers may not ship any Disallowed Goods as defined by SkyBag policies. If Disallowed Goods are included - whether declared or or undeclared - all guarantees, protections, reimbursements, and value protection are void.

Customer Representations: Customer represents that all shipment information (e.g. weight, dimensions, value, contents) is accurate. Any misrepresentation, commission, or incorrect declaration may result in additional charges, denial of claims, or voiding of protections.

Documentation: Customer is responsible for providing complete and correct documentation, including customs forms where applicable. Failure to provide documentation, incomplete forms, or delayed submission voids delivery guarantees.

LOCKING YOUR ITEMS

Domestic Shipments: Items travelling within South Africa must be locked. Failure to lock items will void Customer’s rights to file a claim for missing items. SkyBags may require proof that items were locked prior to entering transit.

International Shipments: Items travelling outside of South Africa 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. SkyBags is not liable for damage caused to locked or sealed items that must be opened for security or Customs screening purposes. Locking any item travelling internationally can cause delays and will void any warranties expressly provided to you herein. Zip ties or other removable fasteners may be used to secure items internationally.

CANCELLATION

SkyBags understands that travel schedules can change and we will make every reasonable effort to minimise fees resulting from cancellations and scheduling changes. Cancellations submitted two (2) business days or more before the original pick up date are eligible for a full refund. Cancellations within two (2) business days of the original pickup date or after date will incur a USD 50.00 / South African Rand equivalent cancellation fee. Bookings that are suspected to be fraudulent are subject to cancellation while forfeiting refunds or credits, and rendering the account ineligible for future bookings.

All refunds will be issued to the original payment method within ten (10) business days unless the request is requested more than 120 days after the booking date, in which case the refund may be processed as a PayPal payment or applied to your user account as a credit for future SkyBags services.

Changes made prior to the original schedule pickup date are subject to any rate difference resulting from the changes including, but not limited to address, service type, suitcase quantity, bag quantity, bag type, value protection or cruise port. Changes made to the original booking may impact the service we are able to provide. A reprocessing fee of up to USD 25 / South African Rand equivalent may apply if new baggage tags are shipped to you.

Any change to a booking including, but not limited to, changes to a item type, item count, origin or destination, must be requested at least two (2) business days prior to the scheduled pick up. Changes requested within two (2) business days of the scheduled pick up (or after pickup) may void any service guarantees and maybe ineligible for a refund with the exception of packages dropped off and scanned at a carrier location.

INDEMNITY

Customer agrees to defend, indemnify and hold SkyBags and its owners, officers, directors, shareholders, workers, clients, and agents harmless from all claims, demands, causes of actions, damages, liabilities, costs and expenses, including attorney fees, arising from or related to your acts or omissions in connection with use of this web site or any of SkyBags Services, including but not limited to, your shipment of any Disallowed Goods or Prohibited items as defined below. Customer’s indemnification obligations include claims arising from Customer’s provision of information in violation of these Terms of Service and Conditions or the Private Policy, and without limitation, claims arising from or related to the shipment of items belonging to minors, the inclusion of personal information on labels or documentation, or any alleged violation of privacy, child protection, or data protection laws resulting from information supplied by the Customer.

SIGNATURE RELEASE

SkyBags allows Items to be delivered without a signature release at the sole discretion of the delivery driver. SkyBags is not responsible for any items delivered with or without signature. If a shipment is delivered to a business, and or hotel a signature may be required for delivery. SkyBags will not be liable for delayed shipments due to a business being closed, or the absence or refusal of a person to sign for the shipment.

If a delivery signature is desired, it is the responsibility of the client to indicate this at the time of booking. SkyBags cannot ship to PO Boxes, airports, and may not be able to deliver to certain APO addresses.

ADDRESS INFORMATION

SkyBags 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 undelivered items to the origin address. The Customer will also be responsible for any additional charges with a booking made incorrectly for delivery to or collection from a Cruise port. SkyBags cannot ship to Post Office Boxes, airports, and may not be able to deliver to certain APO (Army Post Office) addresses.

DISALLOWED GOODS

SkyBags will not ship any of the following:

  • Valuables (electronics, jewelry, china, antiques, etc.)
  • Explosives, firearms, flammables, tear gas, pepper spray
  • Perishables (food, plants, beverages)
  • Hazardous materials (lithium batteries, dry ice, poisons)
  • Alcoholic beverages, tobacco, or illegal drugs
  • Musical instruments or photographic equipment
  • Tobacco products, including cigarettes, cigars, chewing tobacco, pipes and e-cigarettes
  • Food items including spices, oils or any other organic matter or perishable items
  • Cash or Negotiable Papers
  • Packages that are wet, leaking or emit an odour of any kind

INSURANCE & WARRANTIES

Each Item is automatically insured up to US$500.00 / South African Rand equivalent (excluding normal wear and tear). In the event of a delay (excluding customs or acts of God), SkyBags may provide reimbursement for expenses up to US$200.00 per day, not to exceed US$500.00 total. Claims for damaged items must be submitted within 14 days of delivery.

VALUE PROTECTION

Customer may purchase optional Value Protection for eligible Items. Value Protection is not insurance and is provided solely as a contractual limitation of SkyBags liability. SkyBags’s maximum liability for major damage to and/or loss of the contents any Item (EXCLUDING NORMAL, ORDINARY AND CUSTOMARY WEAR AND TEAR) is limited to the lesser of the actual value or $500.00, unless Customer declares a higher value and pays an additional charge to purchase additional Value Protection in advance of the Item being shipped, and adequately documents any actual loss in a timely manner. The actual claims process time will vary on a case-by-case basis. Only one claim can be filed in connection with each Item. Acceptance of payment of a claim and/or acceptance of a shipping waiver to work directly with the carrier 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 SkyBags 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. Value Protection covers only the lesser of: (i) the purchased protection amount; (ii) the documented depreciated value; or (iii) the actual repair cost.

Value Protection does not apply to, and SkyBags has no liability for, loss of or damage to the following Items or contents, regardless of the Value Protection amount purchased: (a) Electronics, including laptops, personal computers, stereo equipment, personal audio devices, cell phones, and display screens; (b) Fragile or temperature-sensitive Items, including glassware, mirrors, ceramics, porcelains, china, crystal, framed glass, and similar items; (c) Musical instruments; (d) Software or hardware components; (e) Valuables, including items of unusual or difficult-to-ascertain value; (f) Works of art, including paintings, drawings, sculptures, tapestries, limited-edition prints, and collector art; (g) Collector’s items, including coins, stamps, sports cards, souvenirs, and memorabilia; (h) Furs, including fur clothing and pelts; (i) Antiques, including furniture, tableware, and glassware whose value is derived from age, rarity, or historical significance; (j) Jewelry and watches, including precious or semi-precious stones and metals; (k) Precious metals and gems, including bullion, bars, dust, or scrap; (l) Scale models and prototypes, including architectural models and dollhouses; (m) Photographic and recording equipment, including cameras, film, recordings, and media; (n) Surfboards and paddleboards; (o) Disallowed or Prohibited Goods as defined in these Terms; (p) cash, documents or other irreplaceable items and (q) Any other item specified from time to time by SkyBags.

Any shipment containing any of the foregoing Items voids any warranties or Value Protection expressly provided under these Terms. Value Protection does not apply to any delay, loss, or damage arising from events for which SkyBags bears no responsibility, including those described in the Delays and Unattended Property section of these Terms.

LIMITED GUARANTEE

All Shipments

Packaging Requirement: All Items must be packaged in accordance with SkyBags packaging guidelines. Customer must retain all outer packaging used for the shipment in order to submit any damage claim. Failure to comply with packaging requirements or to retain packaging voids all damage claims.

Customer Responsibilities: Customer is responsible for ensuring that all Items are properly prepared, accurately labeled, and available for pickup as scheduled. Customer must comply with all Carrier instructions and ensure that all required documentation is complete and accurate.

No consequential damages: SkyBags is not liable for missed cruises, missed flights, hotel costs, lost income, or any consequential losses.

Claims: All claims must be submitted within the applicable deadlines set forth below and in accordance with required procedures. Claims processing timelines may vary depending on the circumstances. Customer may be required to execute a claims release agreement as a condition of receiving any payment.

Final Settlement: Acceptance of any payment, credit, or other compensation from SkyBags—whether under Value Protection constitutes a full and final settlement of all claims related to that Item. Customer releases SkyBags from any further liability and agrees not to pursue additional claims, chargebacks, or legal action relating to that Item.

Delayed Shipments

In the event that an Item is delayed, SkyBags will make commercially reasonable efforts to locate the Item in a timely manner and deliver the Item to its intended destination. SkyBags will be in no way responsible for any losses, personal or business related, arising from the delayed Item.

Lost Items

An Item is considered lost if it has not been delivered within ten (10) business days after the delivery date, for reasons outside the control of SkyBags or the Customer.

  • Search Period: SkyBags has ten (10) business days after the scheduled delivery date to attempt to locate the Item.
  • Filing Deadlines: Delay claims are void. Lost Items Claims must be submitted within 30 days of the expected delivery date.
  • Required Documentation: Failure to provide documentation results in denial. Customer must provide within 30 days: Complete contents list, Proof of purchase, Proof of ownership, Photos and other documentation.
  • Maximum Reimbursement: The maximum reimbursement for a lost Item is the purchased Value Protection.
  • Recovery After Payment: If the Item is located after claim payment, Customer may be required to repay the claim amount before SkyBags returns the Item.

Damage to Items and Contents

Claims for damage to an Item, its container, or its contents must be submitted within fifteen (15) days of the actual delivery date.

Exclusions: SkyBags has no liability for: Cosmetic damage (scratches, dents, dirt, stains, scuffs, or residue from tape or labels); Damage to protruding or external parts (wheels, handles, straps, and pockets); Damage caused by inadequate packaging; or Normal wear and tear.

Inspection: Customer must retain the damaged Item and all original packaging for inspection by SkyBags the Carrier, or their agents. Failure or refusal to permit inspection may result in denial of the claim.

Damage to Shipping Suitcases and Baggage

Damage to suitcases, bags, or other shipping containers is subject to the following limits:

  • Reimbursement is capped at $500 / South African Rand equivalent per container, regardless of any additional Value Protection purchased.
  • SkyBags may reimburse up to $50 / South African Rand equivalent per damaged wheel, zipper, or handle, subject to the $500 maximum.

Missing or Damaged Contents: Coverage for missing contents applies only if Customer proves the container was fully secured or locked during transit. Customer must provide both proof of ownership and proof of value. Proof of damage and value must be submitted in the form of photos and receipts. The value used for reimbursement is the actual purchase price, as shown on a receipt or other proof of purchase. Replacement cost or current market value is not used.

Maximum Reimbursement: Reimbursement is limited to the Value Protection amount purchased. Any reimbursement for a Damaged Item counts toward and may not exceed the Value Protection limit.

INTERNATIONAL SHIPMENTS

SkyBags will make all commercially reasonable efforts to 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 SkyBags with the complete contents of each Item in the shipment. All documents and images provided to SkyBags 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 a third party Customs brokerage or shipping company. If an Item is delayed by Customs or similar authority, SkyBags will make every possible effort to resolve the issue and have the Item released, yet Customs delays are out of the realm of SkyBags's immediate authority. SkyBags will not be liable for any losses resulting from delays that occur due to Customs inspections for international shipments. Items 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 SkyBags are subject to confiscation by South African and foreign Customs officials and other similar agencies. Disallowed items vary from country to country, please contact SkyBags if you have a question about sending a specific item to a specific country.

RIGHT TO INSPECT

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

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 SkyBags are provided “as is” and without warranty of any kind. SkyBags, 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 SkyBags, 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 or carriers providing services for and on behalf of SkyBags are independent contractors and not agents or employees of SkyBags or its affiliates. SkyBags 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. SkyBags 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 SkyBags, 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. SkyBags’s maximum liability for any item is limited to the lesser of: the purchased value protection amount, or $100 if no protection purchased. SkyBags is not liable for: consequential damages, loss of business, missed travel, third-party costs; or emotional or sentimental value.

GENERAL

Governing Law: This Agreement and all disputes, claims, or controversies arising out of or relating to your use of the website or any services provided by SkyBags shall be governed exclusively by the laws of the Republic of South Africa without regard to conflict-of-law principles.

Venue for Non-Arbitrable Claims: Except as required to enforce the arbitration provision, Customer consents to exclusive jurisdiction and venue of courts in Cape Town. 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.

Severability: 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.

Arbitration Agreement; Class Action Waiver: All disputes shall be resolved by binding arbitration administered by South African law. No class actions. No consolidated claims. Arbitration may occur by video conference.

Entire Agreement: This agreement constitutes the entire agreement between you and SkyBags with respect to this website and any services provided to you by SkyBags and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and SkyBags.

Force Majeure: Neither SkyBags 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.

Carrier Terms and Third-Party Conditions: Customer agrees that Carrier terms and conditions govern all shipments. Carrier decisions regarding liability, packaging, and delay are binding.

Use of Minor-Related Information: Any information relating to a minor provided in connection with a shipment is processed solely to facilitate the Services. SkyBags does not use such information for marketing, profiling, or advertising purposes and makes no representations regarding the practices of third-party Carriers or facilities after delivery is completed.

You further agree that you have read and agree to be bound by the additional terms contained in SkyBags’s Terms of Use and Privacy Policy which may be found on SkyBags’s website and that you will comply with all applicable laws, statues, ordinances and regulations regarding your use of SkyBags’s services. Any rights not expressly granted herein are reserved.

CHANGES TO THESE TERMS

From time to time, we may update these Terms of Service or Privacy Policy to reflect changes in our business, services, or the law. Continued use of the Services after such updates constitutes acceptance of the revised Terms and/or Privacy Policy, except where additional notice or consent is required by applicable law.

If a change is material, meaning it affects your rights or obligations, we’ll give you reasonable notice, such as an email to your registered address or a notice on our website. By continuing to use our services after the new Terms take effect, you agree to the updated version. SkyBags may immediately suspend or terminate Services for fraud, misuse, or shipping prohibited items. Continued use of the website after any change constitutes acceptance of updated Terms. Customer is responsible for regularly reviewing these Terms.