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OUR CONDITIONS

OF CONTRACT

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Wxj aviation support & concierge , Santa Maria Airport , Office 67A , Azores Archipelago , Portugal (“we” , “us” or “our”) provides the wexperience airport concierge services to Customers (“you” or “your”) either by itself or through its suppliers.

 

Any voucher and all other documents and coupons issued in respect of the wexperience airport concierge services are furnished and issued subject to these Conditions of Contract and to any and all terms and conditions of the owners, operators, public carriers and such other persons who provide wexperience airport concierge to you. Copies of such terms and conditions are available on request. The purchase of wexperience airport concierge services shall be deemed to constitute your consent and acceptance of these Conditions of Contract. ​

 

1. Definitions

In these Conditions of Contract:

(a) “Booking Form” means the wexperience airport concierge Booking Form which is used by walk-in Customers.

(b) "call centre" means the wexperience airport concierge services call centre on +351218701025.

(c) "Conditions of Contract" means these conditions of contract as amended by us from time to time.

(d) "Customer(s)" means any person booking wexperience airport concierge services and/or covered by that booking.

(e) "wexperience airport concierge" means all and any of the services and products provided by us as described on the Website from time to time.

(f) “No Show” means the failure by any Customer for whom wexperience airport concierge services have been booked to utilize those wexperience airport concierge.

(g) “Website” means the wexperience airport concierge website at www.airportwexperience.com

 

2. Booking wexperience airport concierge services

 

2.1 We will provide the wexperience airport concierge services to you and any other person covered by your booking on arrival at, or departure from any Airport covered by our network irrespective of your airline or class of travel. Bookings may be made on a Booking Form, through the Call Centre or on the Website. Bookings containing incorrect Customer details, flight details, terminal details and/or product selection may be considered void by us.

 

2.2 Bookings must be received by us not less than 24 hours prior to your scheduled arrival / departure time. Bookings made using the Booking Form or through the Call Centre less than 24 hours prior to your scheduled arrival / departure time will be subject to availability and supplementary charges. Online bookings made less than 24 hours prior to your scheduled arrival / departure time will not be accepted.

 

2.3 Any Amendments to the existing booking requested, 10 hours prior to the originally scheduled flight arrival/departure time will be subject to last minute booking charges and availability.

 

2.4 Cancellations made - 8 hours prior to the originally scheduled flight arrival / departure time will be charged fully.

 

2.5 For any amendments or cancellations please notify marhaba on : support@airportwexperience.com or call on +351218701025.

 

2.6 Charges for wexperience airport concierge services are payable in full when a booking is made. Cancellations and amendments are subject to clause 2.3 and 2.4 above. No refund will be made in respect of No Shows.

 

2.7 We shall be entitled to cancel, alter or omit any part of the wexperience airport concierge services for which you have made a booking with or without notice to you and at our sole discretion. In particular, delays and cancellations may result from factors beyond our or our suppliers’ control such as the weather, accidents, governmental restrictions and other events of force majeure. In such cases, our liability is limited to re-performance of the cancelled wexperience airport concierge services. In exceptional circumstances, a refund or partial refund may be given in our discretion and/or the discretion of the supplier of the wexperience airport concierge services concerned, but is not guaranteed. ​

 

3. Products and services provided by third parties

 

3.1 Where we offer products or services provided by third parties (for example, limousine transfers, floral deliveries, hotels or mobile sim card services) and issue you with a voucher relating to any such products and services, we are acting only as agent for the third party concerned. The terms and conditions of the third party will apply to you and any refund will be subject to those terms and conditions.

 

3.2 We will have no liability to you regarding any products and services provided by a third party unless caused solely by our negligence. ​

 

4. Liability

4.1 To the maximum extent permitted by law, we accept no responsibility for any damage, loss, accident, sickness, injury or death that you or anyone else may suffer or incur arising out of the wexperience airport concierge services and/or in connection with these Conditions of Contract. All personal effects are at your sole risk at all times. We shall not be liable and you shall waive all rights of claim you might have against us for any inconvenience, loss, damage or otherwise caused in the event that we are unable to provide you with any or all of the wexperience airport concierge services if we directed to deny the provision of the wexperience airport concierge services to you by any airport authority or government department or representatives.

 

4.2 We accept no liability for the consequences of any delay or for any loss, cost or expense incurred by you as a result of the actions of any third party including without limitation the Customs or Immigration Authorities at Dubai International Airport or such other international airport where we offer the wexperience airport concierge services. You accept that you are responsible for compliance with all governmental regulations upon entry into and exit from Dubai International Airport or such other international airport where we offer the wexperience airport concierge services and for ensuring that all required documents are in order and that any conditions to which such documents are subject are complied with

 

4.3 You agree to indemnify us in respect of all claims, damages, losses, costs and expenses (including legal expenses) which are awarded against or incurred by us as a direct result of your acts or omissions or the acts or omissions of any person covered by your booking in the course of booking and/or using the wexperience airport concierge services.

 

4.4 Under no circumstances shall we be liable to you in contract, tort (including negligence) or otherwise for any consequential, exemplary, special, indirect, incidental or punitive damages. ​

 

5. Governing law and jurisdiction

These Conditions of Contract shall be governed by the laws of and applicable to the location where the wexperience airport concierge services are provided (in the case of Portugal, the laws of the Emirate of Dubai) and any proceeding with respect to or in connection with the wexperience airport concierge services shall be subject to the jurisdiction of the applicable courts where the wexperience airport concierge services are provided (in the case of Portugal, the designated Courts of Portugal) ​

 

6. Global Partner Services: ​

a) Lisbon Airport Requests are to be made at least 24 hours prior to flight departure or arrival. In the event of a flight cancellation, passengers are required to provide proof of flight cancellation in order to attain a refund. The lounge is closed every day between 2030 hours local time to 0600 hours local time. Cancellation and amendments / booking requests must be received at least 24 hours prior to the Customers’ date of visit or 50% cancellation charges will apply. In the event of a flight cancellation, passengers are required to provide supporting documents. ​

 

b) Porto Airport Requests are to be made at least 24 hours prior to flight departure or arrival. In the event of a flight cancellation, passengers are required to provide proof of flight cancellation in order to attain a refund. There will be no entry into the wexperience airport concierge Lounge between 00:00 hours to 0600 hours. The Lounge is open between 06.00 and 24.00 hours (only), 7 days a week, 365 days a year. Cancellation and amendments / booking requests must be received at least 08 hours prior to the Customers’ date of visit or 50% cancellation charges will apply. If cancellation received less than 4 hours, 100% cancellation charges will apply. In the event of a flight cancellation, passengers are required to provide supporting documents. wexperience airport concierge Lounge shall be entitled in its absolute discretion to refuse Customer access to the Lounge or to remove a Customer from the Lounge in the following circumstances: a) If a Customer is suspected to be intoxicated, not orderly or is deemed to disturb other guests’ comfort and peaceful enjoyment of the Lounge; or b) If a Customer refuses to present their Voucher, as a means of identification; or c) In the event of an emergency. ​

 

c) Faro Airport Requests are to be made at least 24 hours prior to flight departure or arrival. Meet and Assist services are exclusively available upon purchase of access to Handling Company's Lounge in Terminal 1 and Terminal 3. Only passengers who have purchased a valid Lounge voucher are able to exclusively purchase the Meet and Assist Services as an additional service, up to 3 passengers per service. In the event of a flight cancellation, passengers are required to provide proof of flight cancellation in order to attain a refund. There will be no entry into the lounge between 0230 hours and 0330 hours. Passengers who are checked into the lounge before 0230 hours will be permitted to stay for the duration that has been purchased on the lounge voucher. Cancellation and amendments / booking requests must be received at least 8 hours prior to the Customers’ date of visit or 100% cancellation charges will apply. In the event of a flight cancellation, passengers are required to provide supporting documents. ​

 

d) Zurich Airport Requests are to be made at least 24 hours prior to flight departure or arrival. In the event of a flight cancellation, passengers are required to provide proof of flight cancellation in order to attain a refund. The lounge is closed every day between 2200 hours local time to 0600 hours local time. Cancellation and amendments / booking requests must be received at least 24 hours prior to the Customers’ date of visit or 50 % cancellation charges will apply. In the event of a flight cancellation, passengers are required to provide supporting documents. ​

 

e) Azores and Madeira Airports

  • Santa Maria Island Airport

  • São Miguel Island Airport

  • Terceira Airport

  • Faial Island Airport

  • Pico Island Airport

  • São Jorge Island Airport

  • Madeira Island Airport

  • Porto Santo Island Airport

 

Lounge access request are to be made at least 48 hours prior to flight departure.

 

Only passengers with valid booking will be allowed to access the lounge without charge and any additional passengers will be charged at the lounge reception.

In the event of a flight delay, passenger staying more than 3 hours will be charged an additional amount for every additional 3 hours or part of it.

 

Passengers are required to pay directly at the reception.

 

Cancellation and amendments / booking requests must be received at least 24 hours prior to the Customers’ date of visit or 100% cancellation charges will apply.

In the event of a flight cancellation, passengers are required to provide supporting documents. ​

 

f) For other airports:

  • Amsterdam Airport Schiphol

  • Bangkok International Airport

  • Barcelona El Prat Airport

  • Beijing Capital International Airport

  • Birmingham Airport

  • Brisbane Airport

  • Cairo International Airport

  • Copenhagen Airport

  • Dusseldorf Airport

  • Frankfurt Airport

  • Rio de Janeiro Airport

  • Hong Kong International Airport

  • São Paulo International Airport

  • London Gatwick Airport

  • London Heathrow International Airport

  • Los Angeles International Airport

  • Madrid Bajaras Airport

  • Manchester Airport

  • Munich Airport

  • Paris Charles de Gaulle Airport

  • Rome Fiumicino Airport

  • San Francisco International Airport

  • Shanghai International Airport

  • Sydney Kingsford Smith Airport

  • Toronto Pearson International Airport

  • Václav Havel Airport Prague

  • Vienna Airport

  • Washington Dulles International Airport ​ ​ ​

 

1. Definitions

“THIRD PARTY PARTNER” refers to the company that provides the service on wexperience airport concierge services behalf which also includes the parent, affiliate, associate, and subsidiary companies trading as THIRD PARTY PARTNER, or any other trading name as may apply.

 

“Agent” means a service provider engaged as a sub-contractor by THIRD PARTY PARTNER, including its respective officers, employees, agents and representatives or sub-contractors.

 

“Meeting” means the place and time at which you are greeted, met, or collected by the Agent or its representative.

 

“Customer” or “Passenger” means the traveller, person or entity to whom the Service is delivered.

 

“Services” means the Airport concierge services provided by THIRD PARTY PARTNER.

 

“Conditions” means these terms and conditions and any special terms and conditions agreed in writing between the parties.

 

“Dangerous or Disallowed Goods” means any goods which are or may, be noxious, dangerous, hazardous, inflammable or explosive, illegal or prohibited and goods of a similar nature or which present or may present a comparable hazard. ​

 

2. Terms of use

By using marhaba.com or any THIRD PARTY PARTNER - affiliated website, or any third party website through which THIRD PARTY PARTNER is supplied, you agree to be legally bound by these terms, which shall take effect immediately.

 

If you do not agree to be legally bound by all the following Conditions, please do not access and/or use THIRD PARTY PARTNER products, services, booking tools or websites. ​

 

3. Your undertakings and obligations when taking a THIRD PARTY PARTNER service

 

It is your responsibility, for services beginning at airports, stations or ports, to ensure that you locate and wait for your Representative at the meeting point in the specified airside or landside meeting point.

 

In case of making any bookings through the Customer Services desk it is your responsibility to provide all the required and correct information. Any lack or delay of the information can affect the service and THIRD PARTY PARTNER will not be held responsible for any such event.

 

It is your responsibility, should you not be able to locate your representative at the start of a service, to call the relevant telephone number as shown on your confirmation email before making alternative arrangements. You acknowledge that failure to do so may be treated as a “no show” and no refund will be made. It is your responsibility to advise THIRD PARTY PARTNER or the representative of any circumstance that will alter the Booked Service meeting time & place. For example

 

  • If a flight is retimed or cancelled before its departure

  • If a progressive or rolling delay to departure occurs before boarding

  • If your flight is changed to a different flight number and/or a new carrier

 

It is your responsibility for to choose and book a start time that allows sufficient time for the service to take place or the formalities to be completed in good time.

 

It is your responsibility to declare in advance any Dangerous or Disallowed Goods or that will be carried, and you (i) acknowledge that THIRD PARTY PARTNER and its Agent is under no obligation to provide Services to a Customer in possession of such Dangerous Goods, and you (ii) agree to indemnify THIRD PARTY PARTNER and Agent against and hold THIRD PARTY PARTNER and Agent harmless from any penalty, loss, damage, claim, cost or expense which THIRD PARTY PARTNER or Agent may incur directly or indirectly as a result of any breech of this requirement. ​

 

4. Product & Services

THIRD PARTY PARTNER will engage service partners, referred to herein as Agents, to perform all or any part or parts of the Service.

 

The Service will normally begin when the Agent’s representative meets you and will normally end when Agent leaves you.

 

A Departure, Arrival and a Transit service entitles to a maximum time of 3 Hours. Any time after that may incur further charges.

 

Although Airport concierge service is a VIP Meet and Assist service, we without any additional charges do provide Fast Track wherever available and allowed by the relevant Authorities.

 

Airside access at some airports may be subject to possible security restrictions, we will advise at time of booking if this does occur. ​

 

5. Pricing & Inclusions/Exclusions

 

All prices are inclusive of all Airport, local and service taxes.

 

If a material amendment to an order or Booked Service is requested by the traveller or booker and is accepted by THIRD PARTY PARTNER then the amended price will use the tariffs subsisting at the time of change and additional charges may be payable.

 

The base price quoted at the time of ordering will include all knowable charges for the Service that has been ordered. Prices do not include foreign departure tax, Immigration clearance charges i.e. Visa fee, security, port charges, customs, immigration, agricultural, passenger-facility charges or international transportation tax.

 

Prices do not include discretionary tips/gratuities to representatives; however we follow a NO TIPS company policy with our Employees and agents.

 

Prices do not include provision for any additional products unless explicitly stated as included. 

 

THIRD PARTY PARTNER may decide, at its sole discretion, to honour your discount or special-offer pricing if you make a post-purchase change or amendment. THIRD PARTY PARTNER reserves the right to invalidate your discount or special-offer pricing if you make any change to the service you have ordered. ​

 

6. Payment

 

No contract between you and THIRD PARTY PARTNER will come into existence until the order becomes a Confirmed booking. A service is confirmed (a “Confirmed Service”) once

 

a. THIRD PARTY PARTNER has issued a booking reference number; and

b. THIRD PARTY PARTNER has issued an booking confirmation; and

c. THIRD PARTY PARTNER has received payment in full. 

 

In the same way that you may cancel and receive a full refund up to 48 Hours from time of service before the service Meeting time, THIRD PARTY PARTNER may amend the price quoted or billed if the subsisting selling price changes, due to underlying cost changes, exchange rate movements, system error or human error. In the event that the revised price quote is not acceptable to you a full refund will immediately be made. THIRD PARTY PARTNER will not change the price of a Booked Service, as defined above.

 

Payment by credit card is required to make a reservation. Payment will be listed as THIRD PARTY PARTNER Limited on the credit card statement.

 

There is a charge or service fee of 3.5% for processing card payments.

 

The amount charged by THIRD PARTY PARTNER will be the amount due in the currency used for the booking, which is in US dollars, pounds sterling or euros, as you select at the time of booking. THIRD PARTY PARTNER cannot know or influence the exchange rate and policies that are applied by your bank or card merchant in determining the final charge made.

 

THIRD PARTY PARTNER may take whatever steps it reasonably believes to be necessary (i) to protect your card details (which will be in THIRD PARTY PARTNER ’s possession) from misuse; and/or (ii) to protect itself and its Agent from any delay in receiving payment for a completed Service. Such steps may include pre-authorising the charge and verifying the card details and the card’s available credit limit.

 

A chargeback is when you dispute a charge made on your card. If you make an unjustified charge back, THIRD PARTY PARTNER will charge a US$75 penalty fee and will report all unjustified chargebacks to ChargeBackProtection.org, which may have the effect of banning you from placing orders with any business that uses ChargeBackProtection.org. Examples of unjustified chargebacks are (i) if you issue a frivolous, false or unjustified complaint, (ii) if you start an unwarranted dispute with your card company, (iii) if you refuse to pay for a properly delivered Service and any charges thereto, (iv) if you refuse to pay properly due late booking Fee, amendment, cancellation or no-show charges.

 

Refunds will be made provided that you have paid in full and that the booking is eligible for refund. For a booking originally paid for by credit/charge card, any refund will automatically process to the original credit/charge card account that paid for the booking and no other methods of refund payment will be possible. ​

 

7. Cancellation, amendments and variations

 

THIRD PARTY PARTNER is a fixed price service and the price charged is for the Confirmed Service.

 

If the Confirmed Service is amended, cancelled before the Meeting time, or is varied during its performance (a “Change”) then THIRD PARTY PARTNER and its Agents may require payment of additional fees.

 

Any charge incurred due to a Change before the Meeting time will be billed and collected by THIRD PARTY PARTNER from the nominated credit/charge card.

 

THIRD PARTY PARTNER may be able to accept amendments within 48 hours before a scheduled Meeting time, however it will incur additional charge. If,an amendment is required more than 48 hours before the Meeting time a Service can be materially amended, or be materially reduced in value, or materially delayed by the Passenger, subject to a Change fee to the Cardholders card by the THIRD PARTY PARTNER as follows

 

  • if the Change is accepted more than 48 hours before the meeting time no Change fee will apply

  • Within 48 Hours, amendments will incur 50% charge. If the Booked Service is cancelled before the Meeting time a refund will be available as follows:

  • if the Cancellation is made more than 48 hours before the Meeting Time a 100% refund will apply

  • if the Cancellation is made within 48 hours of the Meeting Time no refund will be applicable No Shows or Service declined for whatever reason will be charged at 100% of the job value

 

Proof of Amendment: Voluntary Amendments or cancellation will only be deemed as accepted when a confirmation e-mail acceptance is sent by THIRD PARTY PARTNER to the requested e-mail address.

 

Insurance: We strongly recommend that you purchase a comprehensive Travel Insurance Policy prior to departure covering charges you will incur in the event of delays or changes to flights, changes in airport conditions, and lost or damaged baggage. ​

 

8. Complaints & disputes

Any complaint or dispute regarding the supply of a service should be notified to THIRD PARTY PARTNER in writing by email within 2 weeks of the date the service start time. It may not be possible to investigate any complaint received more than 2 weeks after the date of the supply of the service. ​

 

9. Your declaration

 

You acknowledge that you have, or when booking shall be deemed to have, read, understood and accepted these Conditions.

 

You acknowledge that you have not entered into this contract relying upon any representation properly made by or on behalf of THIRD PARTY PARTNER and have not relied upon any correspondence, statement or sales literature issued by a third party independently or on behalf of THIRD PARTY PARTNER. You acknowledge that you have freely accepted these Conditions in the knowledge that the liability of THIRD PARTY PARTNER is to be limited in accordance with these Conditions and the price charged by THIRD PARTY PARTNER has been calculated accordingly, and that a greater price would be payable but for such limitations.

 

You acknowledge that these Conditions, subject to and together with any variation agreed in writing between a Director of THIRD PARTY PARTNER and you, shall constitute the entire contract between THIRD PARTY PARTNER and you and shall override or supersede any previous contract or arrangement between THIRD PARTY PARTNER and you and in particular shall operate to the exclusion of any terms and conditions at any time imposed by you in writing or verbally, and shall supersede any earlier version of these standard terms and conditions. ​

 

10. Use of the Website

 

If you do not agree to the following terms of use, please do not use this website.

 

You agree not to use, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use marhaba.com content (inclusive of text, images, URLs, pricing information, etc.) in any way except for your own personal, non-commercial use.

 

You agree to use airportwexperience.com and THIRD PARTY PARTNER affiliated websites only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of marhaba.com. Your use of marhaba.com or any THIRD PARTY PARTNER affiliated sites is intended for personal, non-commercial use and/or to make legitimate requests to book the products or services offered unless agreed by THIRD PARTY PARTNER.

 

You agree not to use this site to make any speculative, false or fraudulent requests. You agree not to use robots or other automated means to access this site, unless specifically permitted by THIRD PARTY PARTNER.

 

Generally, we will use the personal data which you have provided to us for the purposes of fulfilling your application for any of our services and products, credit checks in the case of applications, and for understanding how we can improve our services to you. Where appropriate, we may also use the information for internal research on our users’ demographics, interests and behaviour, for providing you with the latest scoop on our channels and exciting special offers, or for direct marketing purposes where we think you may be interested in the products and services of some of our affiliates or third parties.

 

Some of THIRD PARTY PARTNER’s services may be offered in conjunction with partner companies. In order to provide such co-branded services to you, it may be necessary for us to share your personal information with our partner companies. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular service.

 

Web sites that have links on our site may collect personally identifiable information about you. The data protection practices of those web sites linked to THIRD PARTY PARTNER are not covered by this policy statement. You are advised to check the data protection policies of these third party websites yourself before using those sites. THIRD PARTY PARTNER may also disclose your information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) THIRD PARTY PARTNER’s rights or property, other THIRD PARTY PARTNER users, or anyone else that could be harmed by such activities.

 

THIRD PARTY PARTNER may disclose user information when we believe in good faith that the law requires it.

 

We have made every possible effort to secure our website for your protection including security certifications but THIRD PARTY PARTNER cannot warrant against any unlawful hacking or leak of information from the internet. THIRD PARTY PARTNER cannot ensure or warrant the security of any information you transmit to us via the internet, and you do so at your own risk. Once we have received your transmission, we will use our best efforts to ensure its security on our systems. ​

 

11. Disclaimers & Limitations of Liability

 

THIRD PARTY PARTNER accepts no responsibility for the cost, loss or damage to any luggage or property transported during the Service; howsoever such a loss or damage may be caused.

 

The full liability of THIRD PARTY PARTNER to you under all and any circumstances including non-performance shall be limited to a sum equal to the charges paid by you to THIRD PARTY PARTNER for the Service affected.

 

Under no circumstances will THIRD PARTY PARTNER or its agents, affiliates, Agents, suppliers, and/or distributors be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the marhaba.com site or THIRD PARTY PARTNER Products or Services regardless of the form of action.

 

If THIRD PARTY PARTNER or Agent should be found liable for any loss, injury or damage which arises out of or is in any way connected with any of the herein described functions, THIRD PARTY PARTNER’s or Agent’s liability shall in no event exceed the maximum insurance cover held by THIRD PARTY PARTNER or Agent, whichever is the lesser, and details of which are available on request with 7 days notice.

 

THIRD PARTY PARTNER will not be liable for any its or its Agent’s failure to perform its obligations and/or any cost, loss or damage which results directly or indirectly from any cause or circumstance which is beyond our reasonable control. Without limiting the generality of the foregoing, the following shall be regarded as such “Force Majeure” circumstances: explosion, fog, flood, extreme weather, typhoons, cyclones, hurricanes, fire, epidemic, major road closures, state/diplomatic visits; war, hostilities, embargo, blockade, invasion, riot, revolution, civil disturbance, or acts of terrorism, Ash Cloud, strikes, lockouts or boycotts, labour dispute (but not of Agent’s own workforce) which involves stoppage of work; acts or restrictions or regulations or by-laws, revocation of or refusal to grant a licence or permit, seizure under legal process, prohibitions, or measures of any kind on the part of any governmental or regulatory authority (including a bona fide airport authority), or temporary suspension of access to any part of an airport where access is required to provide the Service, or failure of a utility service (including but not limited to electricity, gas, water, internet, or telecommunications).

 

THIRD PARTY PARTNER shall not be liable unless a claim is made upon THIRD PARTY PARTNER in writing identifying the nature of the claim and the amount claimed within seven (7) days after completion of the Delivery.

 

Product information is collected from sources worldwide. THIRD PARTY PARTNER checks the details about all the products and services it offers, but cannot check the accuracy of all information provided by its global sources. Reasonable care has been taken that the content of this web site is correct and up to date but it is subject to amendment at any time without Notice, and is provided “as is” and on an “as available” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

 

THIRD PARTY PARTNER does not warrant that the functionality, content or information contained on marhaba.com or any THIRD PARTY PARTNER affiliated website will be uninterrupted or error free, that defects will be corrected, or that marhaba.com or the servers that makes it Service available are free of viruses or bugs. ​

 

12. General

 

THIRD PARTY PARTNER will only arrange the Services for Customers subject to these Conditions. THIRD PARTY PARTNER and its Agent reserve the right at their absolute discretion to refuse to provide the Service to any Customer at any time.

 

Any authorised waiver by THIRD PARTY PARTNER or Agent of any breach by you of these Conditions is limited to that particular breach. A delay by THIRD PARTY PARTNER or Agent in acting upon a breach shall not be deemed a waiver.

 

These Conditions may be varied by THIRD PARTY PARTNER from time to time without notice. The subsisting and applicable Conditions are available on request and are posted on the THIRD PARTY PARTNER group website. THIRD PARTY PARTNER may change these Terms & Conditions at any time by posting notice of the changes online.

 

A person who is not a party to any contract governed in whole or in part by these Conditions (save for any officer, employee, agent, representative or sub-contractor of THIRD PARTY PARTNER has no right to enforce or have the benefits of any term or conditions.

 

The terms contained in each clause or sub-clause of these Conditions are separate and distinct. Each may be enforced separately. The parties agree that if any clause or sub-clause shall be adjudged void or ineffective for whatever reason, but would be adjudged valid and effective if part of the wording thereof was deleted, the clause or sub-clause shall apply with such modification as may be necessary to make it valid and effective and shall not invalidate any other Conditions.

 

THIRD PARTY PARTNER reserves the right to record any telephone conversation with you and to make use of any such recording in any proceedings. These Conditions shall be subject to the Laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the England and Wales.

 

Except as otherwise provided in these booking terms and conditions, your statutory rights are not affected. ​

 

g) WEXPERIENCE.CLUB - Baggage Delivery Services:

 

Please read these customer terms and conditions (the “TERMS”) carefully before using the services offered by WEXPERIENCE.CLUB ("" WEXPERIENCE / "We" / "Us" / "Our"), operated and represented by WEXPERIENCE Travel Club , a company incorporated with limited liability in Portugal. These terms set forth the legally binding terms for your ("User") use of the website at http://www.wexperience.club.com/, all other sites owned and operated by WEXPERIENCE.CLUB that redirect to http://www.wexperience.club/ and all subdomains, and the services owned and operated by wexperience.club (“Website”, “Apps”, “Platforms”).

 

By using our Services, you agree to be bound by this Agreement. If the Booking was made on your behalf by a third party your continued use of our Services means you agree to these Terms. If you do not agree to the terms and conditions of this Agreement, please do not make a Booking Request (as defined below) nor use our Services.

 

1) In this Agreement, unless otherwise defined in the Terms, the following terms shall have the meaning set out below:

 

  1. “Booking” means a ‘Booking Request’ by you for us to pick up your luggage from a Pick-up Point and deliver that luggage through the Service to the Collection Point;

  2. “Collection Period” means the time window set out in the Booking during which you must collect your luggage from the Collection Point;

  3. “Collection Point” means the address at which you will collect your luggage following Delivery as set out in a Booking;

  4. “Delivery” means the delivery by us of luggage from the Pick-up Point to the Collection Point though the Service;

  5. “Pick-up Period” means the time window set out in the Booking during which you will drop-off your luggage at the Pick-up Point;

  6. “Pick-up Point” means the address at which you will drop-off your luggage for Pick-up as set out in a Booking;

  7. “Fees” means the fees for our Services that are displayed on our Platforms as being applicable at the time that you make your Booking;

  8. “Belt Pick-up and Delivery Service” means the picking-up and delivery services in which your luggage is picked up from the arrivals luggage belt, clears customs and is then delivered to your nominated location;

  9. “Prohibited Items” means items prohibited for air transportation by any regulatory or government body, including but not limited to items that are illegal, hazardous or dangerous, and animals, or any other items considered by us to be hazardous, dangerous or prohibited under any applicable law in any manner; and

 

2) Our Services Bookings

  1. You may make a Booking Request via our Website, telephone, or any third-party application that offers our Services, or through your hotel concierge if your hotel participates in our Service.

  2. We reserve the right to decline any Booking Request at our discretion and will use reasonable endeavours to notify you of this.

  3. A Booking Request will only be considered to be a Booking if you have received an email or other notification from us expressly confirming that Booking Request. All Bookings are subject to the terms of this Agreement. We have the right to refuse any luggage presented to us at our discretion and without stating reasons;

  4. You acknowledge that we will not be required to provide our Service in respect of a Booking where the number of items submitted in the Booking does not equal the number of items of luggage left at the Pick-up Point.

  5. Access to the Platforms or Services may be suspended temporarily and without notice

  6. We will not be required to provide the Service to you if:

a) events beyond our reasonable control mean that it is impossible or impractical b) for us to do so, including but not limited to an event of Force Majeure;

c) your luggage does not meet security or safety requirements at any airport, or any other location where your luggage may be held or be in-transit;

or you fail to deliver your luggage at the Pick-up Point within the Pick-up Period set out in your Booking;

  7. If we are unable to provide you with the Service that is the subject of a Booking due to you not being present at the:

a)Pick-up Point within the Pick-up Period to deliver your luggage: then we may cancel your Booking and you will forfeit any Fees already paid in respect of that Booking; or

b) Collection Point within the Collection Period to collect your luggage: then we may deliver your luggage to an end location of your choice and you will reimburse us for all costs that we incur in doing so. These costs include Storage fee of 25 EUR per bag per night, and re-delivery fee of 55 EUR. These prices exclude VAT, and may change at any time.

 

 

3) Fees and payment

  1. Fees for our Services are displayed on our Platforms as being applicable at the time that you make your Booking. These fees are inclusive of VAT as may be applicable.

  2. We require payment in advance for the Services at the time of the Booking, by credit card or debit card.

 

4) Belt Pick-up and Delivery Service – Specific Terms and Conditions

  1. Belt Pick-up and Delivery Service may be booked any time prior to arrival at our network or Lisbon International Airport, or upon arrival at Lisbon International Airport by visiting wexperience airport concierge services office before Passport Control.

  2. The Belt Pick-up and Delivery Service booking is not considered valid until the User sends WEXPERIENCE.CLUB or the wexperience airport concierge team, images of the luggage tags pursuant to instructions.

  3. In the event luggage does not arrive at the airport, it shall be considered “mishandled baggage” under the jurisdiction of the Mishandled Baggage Office (“MHB Office”), and the wexperience airport concierge will proceed to the MHB Office prior to the Customs area to report the missing luggage. The MHB Office shall get in touch with DUBZ, and in turn we will get in touch with the User to collect information required by MHB Office for the recovery of the luggage. DUBZ shall endeavor to deliver the luggage to the User when the luggage arrives at the airport.

  4. In the event that a flight is delayed, and luggage is delayed to arrive at the baggage belt and made available to us at the airport, we will extend the delivery time beyond the time selected by you. We will use reasonable endeavours to notify you of such delay.

  5. All bags will pass through screening by Dubai Customs after pick-up from the baggage belt. In the case Customs want to open any luggage for additional screening, DUBZ will contact the passenger to come back to the airport to be present at the time of opening the luggage. This is a Customs requirement and any related protocols are subject to change at any time and DUBZ shall comply with all such requirements.

  6. If the Customer fails to attend within 15 minutes from the start of the Collection Period at the Collection Point, we reserve the right to leave the Collection Point without liability to us, and take the luggage to the Storage at our earliest convenience. You will reimburse us for all costs that we incur in doing so as per Clause 10.1.

 

 

5) Amendments and Cancellation

  1. Subject to the conditions herein, you may amend or cancel a Booking either via the Platforms, telephone or by sending us an email that includes the Booking details to booking@wexperience.club.

  2. You may cancel or amend a Booking at any time provided that it is more than one hour prior to the Pick-up Period or more than three hours prior to the Collection Period, provided that the time between Pick-up Period and the Collection Period remains more than five hours. Amendments outside these timeframes will be subject to additional fees.

  3. If you cancel a Booking (i) more than one hour prior to the start of the Pick-up Period for that Booking; or (ii) more than four hours prior to the start of Collection Period for that Booking (provided that we have not yet picked up the luggage), we will refund in full any Fees that you have paid to us in respect of that Booking. We will process the refund within 14 days of notification of the cancellation. Refunds will be made only through the original mode of payment. If you cancel a Booking outside of these times, we will not be required to refund any Fees that you have already paid us for that Booking.

  4. If your luggage is in our possession, we may amend or cancel any Booking without refunding you any Fees:

a) where we are prevented by someone or something, beyond our control, from fulfilling the Service;

b)where you have provided an invalid delivery address; or

c) where we believe that you have misused our Services, and we will use reasonable endeavours to notify you of this.

 

6) Liability

We will only be liable for loss or damage to your luggage arising as a direct result of our Service, and provided that the luggage does not contain a Prohibited Item.

To the maximum extent permitted by law, our liability arising out of, or in connection with, this Agreement and our provision of the Service to you will be limited in the aggregate to EUR 4,000 per booking, and up to EUR 1.500 in respect of an individual bag.

We will not be liable for any consequential or indirect loss or damage, including but not limited to any loss of profit, loss of data, loss of business or loss of opportunity.

For the purposes of these Terms, damage excludes fair wear and tear associated with the transfer of Bags including damage to wheels, handles, zippers and fastenings.

For our Belt pick-up and delivery service, we are liable only after we take possession of your luggage. Although we provide Services in co-operation with airlines, the airlines are not responsible for our Services and have no liability, whether under or in connection with this Contract or otherwise, for our negligence, breach of contract or other failure in connection with the Services.

You acknowledge that the limitations of liability set out in this clause are fair and reasonable in the circumstances and have been taken into account and reflected in the level of the Fees.

 

7) Governing law and jurisdiction

This Agreement will be governed by and construed in accordance with the laws of the Portugal and the parties agree to submit to the exclusive jurisdiction of the designated courts of Portugal. ​ Reading this conditions you assume their as a rule for assigning our services. June 2019 | WXJ Aviation Support & Concierge on Behalf of Wexperience Airport Concierge Brand ​

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