THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF SportsExpress.com.  YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. SPORTS EXPRESS MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF SportsExpress.com WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT SportsExpress.com GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH SportsExpress.com.

The Terms and Conditions contained in this Sports Express Service Guide supersede all previous Terms and Conditions, amendments, supplements, and other prior statements concerning the rates and conditions of Sports Express service to which these Terms and Conditions apply. Sports Express reserves the right to unilaterally modify, amend, change or supplement the Sports Express Service Guide and these Terms and Conditions including, but not limited to, the rates, services, and features of service without notice.

The following pages contain the Sports Express Terms and Conditions applicable to the transportation of luggage, golf clubs, bikes, and skis or other item by Sports Express services including, but not limited to, any such items tendered by Travel Guests utilizing Sports Express automated systems, manifests, air bills, labels, shipping software and stamps.

Non-Waiver

Any failure by us to enforce or apply a term, condition or provision of the Sports Express Service Guide does not constitute a waiver of that term, condition or provision and does not otherwise impair Sports Express’ right to enforce such term, condition or provision.

Inspection of Goods

We may, at our sole discretion, open and inspect any item without notice.

Firearms

Sports Express cannot accommodate the transportation of firearms at this time.

PACKAGING AND MARKING

• You must comply with all applicable local, state and federal laws, including those governing packing, marking and labeling for all shipments.
• All packages must be prepared and packed by the sender for safe transportation in an express transportation environment and ordinary care in handling. Proper packaging must adequately protect any articles susceptible to damage as a result of conditions that may be encountered in an express transportation environment, such as changes in temperature or atmospheric pressure.
• Each travel case or piece of luggage must be legibly and durably marked with the name, address and ZIP code of both the sender and recipient. The address label must be secured by pressure-sensitive tape wrapped completely around the object. Alternatively, the tie-on tag provided by Sports Express and other couriers for air bills or for labels may be used. If possible, also place identification inside each bag
• All items must be packaged securely in your travel case. Sports Express does not accept liability if it is determined that concealed damage was caused by items not being secured in the travel case (i.e. bicycle parts, etc).
• Never send a bag that doesn’t completely close. If you need a luggage strap or bungee cord to keep the bag closed, it probably won’t survive the transport.
• Sports Express recommends using non-essential items, such as towels, for additional padding inside your ski, golf, or bike cases.
• You must use Sports Express recommended packaging (travel cases, suitcases) or new corrugated boxes in good, rigid condition of adequate size to allow a minimum of 2 to 3 inches of cushioning of contents on the top, bottom and sides. Cardboard boxes alone are not considered adequate packaging and Sports Express does not provide damage insurance for items in cardboard boxes.
• Do not strap, fasten or otherwise secure baggage such as sleeping bags, luggage racks, or umbrellas, which is not independently tagged and/or packaged to other baggage.

For information on how to package your item, or questions regarding appropriate packaging, please call the Sports Express Travel Concierge Desk at 800.357.4174.

Restricted Articles

If you have a questionable item, please contact our Sports Express Concierge Services at 800.357.4174 for more information. You may have an article that is classified as a dangerous good, which is restricted for transport.

You are prohibited from tendering the following items for delivery, and they will not be accepted:

• Cash, currency, collectible stamps and coins.
• Live animals, including birds, reptiles, and fish.
• Animal carcasses , . animal heads and other parts for taxidermy may be accepted but must be properly packaged. This restriction does not apply to properly packaged meat or poultry products intended for human consumption.
• Human corpses, or body parts or cremated or disinterred human remains.
• Items that require us to obtain a federal, state or local license for their transportation.
• Items that may cause delays or damage to equipment, personnel or other Items.
• Lottery tickets and gambling devices where prohibited by federal, state or local law.
• Hazardous waste, including, but not limited to, used hypodermic needles or syringes or other medical waste.
• Packages that are wet, leaking or emit an odor of any kind.
• Packages that are wrapped in Kraft paper.
• Live insects.
• Explosives: Fireworks, Signal flares, sparklers or ammunition of any kind
• Flammable Liquids or Solids: Fuel, paints, lighter refills, matches…
• Household items: Bleach, spray starch, insecticides, drain cleaners and solvents…
• Pressure containers: Spray cans, butane, fuel, scuba tanks, propane tanks, CO2 cartridges and self-inflating rafts…
• Mace, tear gas or pepper spray
• Other Hazardous materials: Dry ice*, gasoline-powered tools, wet-cell batteries, camping equipment with fuel, radioactive materials (except limited quantities), poisons, infectious substances.
• Dry ice may be transported provided certain requirements are met. Contact a Travel Concierge.
• Items that are prohibited by applicable local, state or federal law . Notwithstanding any other provision of the Sports Express Service Guide, we are not liable for delay of, loss of or damage to an item of any prohibited item.

Many common items used everyday in the home or workplace may seem harmless; however, when transported by air, they can be very dangerous. In flight, variations in temperature and pressure can cause items to leak and/or generate toxic byproducts.

Fragile Items Liability

The following items may be accepted by Sports Express for transportation; however, under no circumstances will Sports Express provide damage insurance (only loss):

• Artistic items such as sculptures, paintings, pictures, framed or unframed and models. Decorator items and artifacts
• Chinaware, ceramics and pottery
• Electronic and mechanical items such as audio and video equipment, sensitive calibrated tools and instruments, computers, cellular telephones microscopes, electrographs and medical equipment
• Garment bags and suit/dress covers of light, flimsy plastic or vinyl designed for carrying and not shipping
• Glassware of any type
• Musical instruments and equipment such as guitars, violins, cellos, harps, drums, amplifiers, and speakers that are not protected or in carrying cases that are not sufficient to prevent damage during the course of normal baggage handling. String instruments must have strings loosened prior to transport.
• Perishable items such as floral or nursery stock, plant and floral displays and foodstuffs.
• Photographic and cinematographic
• Precision items such as oscilloscopes, telescopes, meters, and polygraphs
• Toys such as dolls, doll houses, model trains and airplanes
• Dentures and Retainers
• Miscellaneous Items such as sample goods for resale, heirlooms, collectables, precious metals and stones, souvenirs, gifts toolboxes, and irreplaceable items

LIST OF APPROVED TRAVEL CASES

·          Bike
Sports Express will insure bikes for damage and loss, provided they are packaged properly into one of the travel cases defined below. Bikes may be packaged in soft-sided cases and cardboard boxes; however, they would then be insured for loss only (not damage).
o Crateworks hard-sided bike case
o Trico Ironcase hard-sided bike case
o Tri All 3 Sports hard-sided bike case
o Performance hard-sided bike case
o Serfas hard-sided bike case
o Thule hard-sided bike case
o Bike Pro hard-sided bike case
o Sci Con hard-sided bike case
o Aircaddy hard-sided bike case
o B&W Bicycle Transport
     

• Golf
  Sports Express will insure golf clubs for damage and loss, provided they are packaged properly into a hard-sided or padded soft-sided golf case. Sports Express will accept clubs packed in non-padded nylon and canvas bags; however, they would then be insured for loss only (not damage).
  The following are approved cases:
  o Spartan
  o Club Glove
  o Sweetspot
  o Club Porter
  o Caddytrax
  o Journeyman
  o Tour Caddy
  o SKB
  o Bagboy
  o Datrek
  o Ogio
  o Delta
  o Sun Mountain
  o Trav-A-Lite
  o Golf Around
  o Cargo Golf
  o Golf Light
  o TLC
  o Armor Gear
  o Porterline
  o Mizuno
  o Yonne
  
  
• Surfboards and Wakeboards
  Sports Express will insure surfboards and wakeboards for damage and loss, provided they are packaged properly into a hard-sided travel case, such as the brand defined below. Surfboards and wakeboards may be packaged in soft-sided cases and cardboard boxes; however, they would then be insured for loss only (not damage).
  o Malibu hard cases
  
  
• Ski & Snowboard
  Sports Express will insure skis for damage and loss, provided they are packaged properly into a hard-sided or padded soft-sided ski case. Sports Express will accept skis packed in non-padded nylon and canvas bags; however, they would then be insured for loss only (not damage).
  o Sportube
  o Burton
  o Bonfire
  o Swix
  o Dakine
  o Samsonite
  o High Sierra
  o Head
  o Atomic
  o Fischer
  o Technica
  o Rossignol
  o K2
  o Volant
  o Salomon
  o Volkl
  o Dynastar
  o Nordica
  o Surfdogz

If your travel case is not listed and you have questions about your case, please call (800) 357-4174 and a Travel Concierge would be happy to help you.

PICKUP AND DELIVERY

Pick Ups

• We require a minimum of two hours lead-time from the time the item(s) are scheduled for pickup. (Contact a Travel Concierge for the specific lead times required). Subject to service availability.
• Repeated pickup attempts without packages being ready may result in the cancellation of pickup privileges.
• If you would like a proof of pickup, you can call Sports Express or elect to receive a Sports Express notification after completing your profile information on the web.
• Make sure you let the hotel/condo/resort know about the prepaid pick up and have them take the bags to the correct collection location. This may be different than the delivery location.
• For Express pickups: Electronic airbills are emailed automatically 24 business hours before the scheduled pickup time. Airbills must be printed prior to pickup. If the pickup is scheduled from a business (i.e. hotel, golf shop, etc), Sports Express will make arrangements directly with the appropriate contact at the pickup location and therefore it is not necessary for you to print the airbill(s) from your email.
• For Ground pickups: Drivers will bring calltags to affix to your items prior to pickup. NOTE: The calltags that are used for ground pickups do not adhere well to plastic travel cases or kayaks. To make sure your item makes it to its destination on-time we recommend that you (1) put an ID tag that has the DESTINATION address and a contact phone number on both the inside and outside of the bag/case/boat and (2) applying pieces of masking/packaging tape to your bike case/kayak boats, and make it wide enough that the sticky label could adhere directly to the tape.
• For Ground pickups, if the pickup address is not in a metropolitan area it may take up to 1 additional business day to complete your pickup. If this occurs, your delivery will then be 1 business day later. Please account for this additional day when booking your order.

Deliveries

• Economy Ground deliveries are not guaranteed, and therefore are not subject to a money-back guarantee or for payment of any consequential damages as a result of delay.
• Packages cannot be delivered to P.O. Boxes or P.O. Box ZIP codes. Package addresses must include the complete street address and ZIP code of the recipient. Incorrect or incomplete delivery addresses will result in additional fees and delayed delivery.
• We do not offer a "restricted delivery" service, and may deliver to someone other than the person named as the recipient.
• Deliveries to hotels, hospitals, government offices or installations, university campuses or other facilities that utilize a mailroom or other central receiving area will be delivered to the central receiving area, unless otherwise authorized and approved by Sports Express.
• If a delivery is refused by the recipient, leaks, or is damaged due to inadequate packaging, the item will be returned to the sender, if possible. If the sender refuses to accept the returned item or it cannot be returned because of leakage or damage due to faulty packaging, the sender is responsible for and will reimburse Sports Express for all costs and fees of any type incurred in connection with the storage or disposal of the item or the cleanup of any spill or leakage from the item.
• If you would like a proof of delivery you can call Sports Express or elect to receive a Sports Express notification after completing your profile information on the web.

Undeliverable Items

An undeliverable item is one that cannot be delivered for reasons that include, but are not limited to, any of the following:

• The recipient of a “Hold at Carrier Location” delivery cannot be located.
• The recipient refuses to accept the delivery.
• The recipient’s delivery address cannot be located.
• The delivery was addressed to an area not served by the carrier.
• The delivery’s contents or packaging are damaged to the point that rewrapping is not possible.
• The delivery would likely cause damage or delay to other deliveries or property or injury to personnel.
• The delivery contains prohibited items.
• The recipient’s place of business is closed.
• No appropriate person was available to accept the item at a delivery location on the initial delivery attempt or reattempts.
• The item was improperly packaged.

When practicable, we will contact the sender for instructions on returning or otherwise disposing of the package. If the sender requests return, it will travel by normal delivery services (fees will be charged to the sender). If item remains undelivered, sender will pay for any additional return charges.

Signature Releases

Items with no added insurance value above the standard $500 of coverage will automatically be left, at the driver’s discretion. Items with a declared value of over $500, but less than $5,000 may be delivered and released without obtaining a signature when the sender has authorized a release by choosing the Release Signature selection during the online booking process and accepting the terms for deliveries without requiring a signature. Acceptance of the terms will constitute Release Delivery Authorization and an Indemnification Agreement for Sports Express, LLC and its Carrier Partners, or, at our sole option, upon oral or written instruction from the sender or recipient. A delivery may also be released without a signature if the recipient has provided authorization by signing the Release Delivery Authorization and Indemnification Agreement for Recipients (obtained at www.SportsExpress.com/Static/Form.asp) or by requesting a copy of the agreement at 800.357.4174. You must fax Sports Express a signed copy of this agreement prior to your pickup. We also reserve the right to release packages at residential delivery locations without obtaining a signature, provided that none of the restrictions below apply.

Please note: For Economy Ground orders, Items are typically left without requiring a signature, regardless of value. If you would like to require a signature for your order, we recommend upgrading the service to Express.

At our sole discretion, some shipments may not be released without a delivery signature even when release is authorized, for the following reasons:

1.         Damaged items.

2.         Packages containing dangerous goods.

3.         Drugs (including prescription drugs), firearms or perishable items.

4.         Alcohol or tobacco items.

5.         The delivery location or circumstances are unsuitable for release without signature as determined in our sole discretion.

6.         Pharmaceutical items.

7.         Poor weather conditions

Sports Express cannot accept loss liability for any items delivered with a signature release waiver.

If there is a Release Delivery Authorization for a delivery location on file with Sports Express, LLC or its Carrier Partners, every attempt will be made to honor this. If a signature release waiver is not requested, an item may still be left without signature if there is a Release Delivery Authorization for a delivery location on file. If there is a Release Delivery Authorization for a delivery location on file, but the item should not be left without signature, please contact Sports Express, LLC to notify us of the change.

Re-routed Deliveries and Address Changes

• If you need to make an address change, or if in order to make a successful delivery Sports Express must correct the address given, you will be charged an address change fee [of $10].
• If you choose to have a package re-routed to a new city entirely, you will be charged the first amount, plus the cost of re-routing the bag from one city to another.
• A special handling charge of $10 will charged to the order for each rerouted package. This charge will not be applied when a package is changed to "Hold at Carrier Location" and the carrier location is in the same city as the city on the air bill. Otherwise, the special handling charges will apply.
• To reroute a delivery the sender must call the Sports Express Travel Concierge service desk at 800.357.4174 and provide us with the order number, the new destination and a valid contact telephone number for the recipient.
• Our Money-Back Guarantee Policy does not apply to deliveries that are rerouted. We have no liability for any remedy for service failure for these deliveries.
• Only one reroute will be allowed per item per travel leg.
• Sports Express or its carriers may require photo identification of the person authorized to pick up the package.
• Sports Express will determine the routing of all deliveries, including the mode of transportation used, and may use air transportation, ground transportation or any combination thereof in providing our services. We reserve the right to divert any delivery (including use of other carriers) in order to facilitate its delivery.

Refusal or Rejection of Shipments

We reserve the right to refuse, hold or return any item and may do so in our sole discretion and without liability to us. We will execute that right in cases in which (but not limited to):

• The item may cause damage or delay to other items, property or personnel,
• The item is likely to sustain damage or loss in transit because of improper packaging or otherwise,
• The item contains any prohibited items,
• The account of the person or entity responsible for payment is not in good credit standing, or
• When acceptance of the item may jeopardize our ability to provide service to other customers.
• We believe that our services may be used in violation of federal, state or local laws.

Extra-Large Items

For domestic Express deliveries, Sports Express cannot transport items that weigh more than 150 lbs or are longer than 119” in length. Also, the item must not exceed 165” in length + girth combined. For Ground the same restrictions apply, but in addition no item cannot exceed 109” in length.

For international deliveries, Sports Express cannot transport items that weigh more than 150 lbs or are longer than 109” in length. Also, the item must not exceed 130” in length + girth combined.

The length and girth of an item is length plus twice the height plus twice the width. If the dimension includes a fraction, a fraction of 1/2 or greater will be rounded up to the next whole number; a fraction less than 1/2 will be rounded down to the next whole number.

Delayed Sporting Equipment or Personal Luggage

Sports Express promises that every avenue will be exhausted to ensure sporting equipment and personal luggage is picked-up and delivered on the scheduled dates of service. In the event that sporting equipment or personal luggage is not picked up or delivered on scheduled dates of service, reasonable efforts will be made to ensure the item(s) are returned to you as soon as possible. Returning your gear may take longer on international flights due to Customs and Immigration procedures at the destination airport.

We sincerely apologize for any inconvenience you may experience should your personal property be delayed. Such isolated incidents are not typical of Sports Express’ high standard of service.

In the event of a delayed pickup the Travel Guest can expect the following:

• In the event that a pickup window is missed and the next available pickup window that same calendar day can be scheduled, then this will be the first action taken.
• If the above cannot be done, then Sports Express will arrange, free of charge, for a faster service option to be arranged so that the Travel Guest’s item(s) arrives to the destination on the original scheduled delivery date.
• If it is deemed that the missed or late pickup was due to the negligence of the Travel Guest (e.g., the Travel Guest wasn’t present during the scheduled pickup window for pickup of items by shipper) then any fees from changes being made to an order involving that pickup will be passed on to the Travel Guest.
• In order for a change made to a late or missed pickup to be free of charge, the late or missed pickup must be deemed to have been due to the negligence of Sports Express or one of its partners.
• NOTE: Economy Ground is not subject to on-time pickup guarantees. For Economy Ground pickups, if the pickup address is not in a metropolitan area it may take up to 1 additional business day to complete your pickup. If this occurs, your delivery will then be 1 business day later.

In the event of a delayed delivery the Travel Guest can expect the following:

• If sporting equipment items are delayed until the next day from original date of service, Sports Express will arrange and pay for the rental of comparable equipment until your items can be delivered to you. Sports Express does not make special arrangements for clothing that is packed with sporting equipment and is delayed.
• Sports Express assumes no liability for delay, which may occur as direct or indirect acts of God, breakdown in transportation equipment, riots, strikes, or from any action, omission or commission beyond the control of Sports Express. In these instances it shall not be the responsibility of Sports Express to pay for resulting costs and expenses, including, but not limited to rental equipment, purchase of equipment and personal luggage contents.
• In the event luggage is delayed, Sports Express will reimburse the Travel Guest with a pre approved expense up to $200 per day per bag (not to exceed $1,000 per guest). (This applies to luggage only – if sports equipment is delayed then rental of comparable equipment is arranged.) The amount issued will be deemed on a case-by-case basis. In order to receive a full refund for items purchased due to a delayed delivery, the items and receipts must be returned to Sports Express at the completion of the trip
• Sports Express will be liable for personal property only for the period in which it is in the custody of Sports Express. Sports Express and its couriers do not condone or assume liability or responsibility for property left unattended while waiting for pick-up by a carrier. Sports Express is not responsible for any equipment or bags after they are delivered to their final destination. Nor is Sports Express negligent for a delay of delivery, if the carrier’s air bills fall off.
• If there is a problem with a delayed delivery, you should notify a Travel Concierge so we may obtain information pertinent to locating your articles. At that time, Sports Express will explain the recovery process. Our Travel Concierge Services staff will make every effort to keep customers advised of our progress in locating delayed personal property through daily phone calls and/or emails.
• Sports Express is not negligent if items are delayed due to a designated contact person not being available for pick-up or delivery. The carrier will attempt to deliver three times before sending the item back to the sender. Arrangements can be made with Sports Express to reschedule deliveries to the same or different address. If no arrangement is made, and the gear is sent back, Sports Express is not responsible for rerouting delivery charges.
• NOTE: Economy Ground service does not offer an on-time delivery guarantee. The transit time provided on the order is an estimate.

International Deliveries

Sports Express will not be held liable, nor will its Money-Back Guarantee apply, for regulatory delays caused by Customs inspections. Such delays are manifest and beyond the locus of control of Sports Express and its Travel Concierge.

To complete international deliveries, Sports Express requires a copy of your passport, round-trip flight itinerary, and complete packing list of items being sent. Items must be personal effects sent to the foreign country for your personal and temporary use.

Packages sent internationally may not be locked (this includes TSA locks), as customs may need to inspect. If packages are locked, this could cause delays. Sports Express is not responsible for delays or damage to suitcases due to locked packages.

Sports Express shall not be held liable for duties and surcharges arising from International Deliveries; all such fees shall be passed onto the Travel Guest. Sports Express will take every step possible to ensure that the proper paperwork is prepared and filed in order to prevent excessive and inappropriate duties and surcharges arriving from International Deliveries.

For one-way transportation of a bag going to either France or Canada, you are subject to pay duties and taxes unless you can provide proof that the bag exited the country (ie: tracking number or airline baggage tag). If this information is not immediately available at the time of duty and tax assessment, you will need to pay the fee and be refunded upon providing proof of re-export.

Sports Express may charge duties and taxes upfront (at the time of order booking) for certain countries with a high occurrence of duties and taxes charges. If duties and taxes will be charged upfront, a Travel Concierge will inform you of this while booking the order.

RATES

• Rates and service quotes by a Sports Express Travel Concierge or the Sports Express website are based upon information you provide. Final rates and service may vary based upon the delivery actually tendered and the application of these Terms and Conditions.
• Weight or dimensions exceeding the Stated Limits of the Sports Express equipment list or the custom weights and dimensions you provide us are subject to additional charges. Adjustments to your bill may occur retroactively after the order has been completed. View Stated Limits here.
• Items are quoted for both actual and dimensional weight, whichever is greater. To calculate the dimensional weight for domestic travel, multiply length (longer side) by width by height of each package (all in inches) and divide by 194. For international transportation you divide by 166.
• If a customer wishes to pick up or drop off personal property at a carrier’s shipping center, Sports Express will not refund any part of the transaction.
• Additional charges apply for Saturday services. Subject to service availability.
• Some resorts and hotels may assess a handling fee for incoming and outgoing packages. Any handling fees assessed by your destination must be paid directly to the hotel or resort and are separate from Sports Express charges and your Sports Express order. Sports Express recommends calling your destination to determine if any fees will be assessed. If you would like Sports Express to contact your destination for this information, just let a Travel Concierge know and we’ll be happy to help you.
• Any conflict or inconsistency between the Sports Express Service Guide and other written or oral statements or quotes concerning the rates, features of service, and terms and conditions applicable to Sports Express service will be controlled by the Sports Express Service Guide, as modified, amended, changed or supplemented. We are not liable for, nor will any adjustment, refund or credit of any kind be made, as a result of any discrepancy in any rate or service quote made prior to tender of the delivery and the rates, and other charges that we invoice to you.

Additional Insurance

Liability is limited to $500.00 per item unless a higher value is declared in advance and additional insurance is purchased. If you are traveling with items valued beyond the standard sporting equipment and personal luggage liability allowance, you may decide additional insurance is necessary. Additional insurance may be purchased when you are placing your order on-line or over the telephone. Here are a few guidelines:

• Excess valuation insurance covers loss of sporting equipment and personal luggage; it does not cover damage to the travel case
• Additional insurance is available for $2.00 per $100.00 of coverage. (Internationally at $1.50 per $100)
• The total valuation on your order may not exceed $5,000 USD per equipment type. Internationally the total valuation must not exceed $2,500 per package.
• The total valuation includes the standard liability allowance ($500) + excess valuation insurance purchased.
• Sports Express will insure provided the items are properly described, properly packaged and undamaged prior to shipping. Maximum liability is not automatic – damage or loss value must be proven.
• Excess insurance may not be purchased for items excluded from our liability; such as jewelry, cash, computers, etc. Please see the “Fragile Items Liability” list above for details.

ACCOUNT AND BILLING

Payment

Sports Express only accepts Visa, MasterCard or American Express. We will require payment before we can dispatch your order.

Credit Card Policy and Information

Sports Express guarantees that use of a customer’s credit card information via the Sports Express Website and/or Call Center is 100% secure. Sports Express will be held liable for unauthorized charges made to your credit card if these unauthorized charges are due to the negligence of Sports Express, LLC..

Credit Terms

• We do not provide individual consumer credit privileges.
• To obtain credit privileges, business customers must complete a credit application. It is the sole discretion of Sports Express to approve credit applications.
• The invoice date begins the credit term cycle, and payment is due within 15 days from the invoice date. Failure to keep your Sports Express account current will result in your account being placed on "cash only" status. This status may impair your ability to use our services, delay your deliveries, and may result in the loss of any applicable discounts.
• If the account to be billed is not in good credit standing, the item may be held or stopped in transit until you make alternate payment arrangements. The Money-Back Guarantee Policy will not apply in such circumstances.
• The sender, and any other party who is liable for payment, is responsible for all reasonable costs incurred by Sports Express in obtaining or attempting to obtain payment for services rendered by us. Such costs include, but are not limited to, attorneys' fees, collection agency fees, interest and court costs.
• Credit privileges will not be restored until you have paid all past-due balances in full and all costs, fees and expenses incurred by Sports Express in collecting or attempting to collect such balances. Sports Express may require establishment of electronic funds transfer as a prerequisite to credit restoration. Sports Express may decline to restore credit privileges even if all costs, fees and expenses are paid.
• We may apply payments made on your account to any unpaid invoice issued on your account at our sole discretion.
• Despite credit privileges, Sports Express may require a credit card deposit before fulfilling an order. Sports Express will determine deposit amount.

Cancellations and Refunds

Cancellation Policy
There is no charge for domestic USA orders cancelled prior to 2 days before the pickup day. There is a $25 fee for all domestic USA orders cancelled within 2 days of the pick up day. For international orders, there is no charge for orders cancelled prior to 8 days before the pickup day. There is a $25 fee for all international orders cancelled within 8 days of the pickup day. In addition, any applicable label delivery fees will not be refunded if cancelled within this timeframe.

GUARANTIES and WARRANTIES

Sports Express shall not be held liable for sports equipment packaged in travel cases not included in the List of Approved Travel Cases (see above), nor shall the Company claim liability for the delivery of items not found in the List of Insurable Items (see above). BOTH CONDITIONS MUST BE MET FOR THE Sports Express GUARANTEE TO TAKE EFFECT: THAT IS TO SAY AN INSURED ITEM MUST BE PACKAGED IN AN APPROVED TRAVEL CASE DESIGNED FOR THE TRANSPORTATION OF THAT ITEM. Any instance in which both conditions are not fully satisfied shall constitute a waiver of liability by Sports Express.

Sports Express assumes no liability where it is found that items were packaged in a travel case designed for a materially different good, not suited to the purpose of said travel case.

Any failure by Sports Express, LLC to enforce or apply a term, condition or provision of this Agreement, does not constitute a waiver of that term, condition or provision and does not otherwise impair Sports Express’ right to enforce such term, condition or provision.

Sports Express shall not be held liable for loss or damage to articles, which are strapped, fastened, or otherwise secured to other baggage being transported and which are not independently tagged and/or packaged. Such items include but are not limited to, sleeping bags, luggage racks, umbrellas, and kayak paddles.

Sports Express cannot be held liable for gear that is stolen from inside bags, if the bags were delivered on a signature release, were not properly tied closed, or if the theft is reported to Sports Express more than 48 hours after delivery .

Sports Express, LLC reserves the right to unilaterally modify, amend, change or supplement these Terms and Conditions without notice.
Damaged Items

Sports Express SHALL NOT BE HELD LIABLE FOR MINOR DAMAGE ARISING FROM THE NORMAL WEAR AND TEAR OF LUGGAGE AND SPORTS EQUIPMENT CASE HANDLING. THIS INCLUDES BUT IS NOT LIMITED TO MINOR CUTS, SCRATCHES, SCUFFS AND DENTS, MARRING TO THE SURFACE BY DIRT OR ADHESIVE, OR FOR ITEMS THAT PROTRUDE FROM LUGGAGE, SUCH AS RETRACTABLE HANDLES, ZIPPERS, WHEELS AND LUGGAGE FEET. If however Sports Express deems that damage did take place beyond the normal wear and tear of a suitcase or bag, then the following applies:

Sports Express will evaluate if a damaged item is 1) repairable, or 2) un-repairable. Decisions to repair or replace a damaged item are solely the prerogative of Sports Express, and Sports Express reserves the right at any time to inspect a damaged item (cf. “Claims” sec. F). In either case, the Sports Express Guarantee will go into effect, and if requested the Money-Back Guarantee will also apply. Note, however, that:

1.         Receipt of the delivery by the recipient without written notice of damage on the air bill is prima facie evidence that the shipment was delivered in good condition.

3.         Sports Express does not accept liability for damage that is caused by items being improperly secured in a travel case.

Lost Items

For deliveries which are lost while in Sports Express’ possession, the Sports Express Guarantee will go into effect, and if requested the Money-Back Guarantee will also apply. Claims for lost packages may be submitted no sooner than 10 business days after the last scan posted by Sports Express's Couriers.

Extent of Liability

Sports Express, LLC. WILL NOT BE HELD LIABLE FOR ANY DELAY OR DAMAGES TO SPORT EQUIPMENT, PERSONAL LUGGAGE AND OTHER ITEMS, WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, IN EXCESS OF THE VALUE OF AN ITEM, WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING, BUT NOT LIMITED LOSS OF INCOME OR PROFITS.

Sports Express will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of any loss, damage, delay, non-delivery, misinformation or any failure to provide information, except such as may result from our sole negligence. We will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of any loss, damage, delay, non-delivery, misinformation or failure to provide information caused by or resulting in whole or in part from:

1.         The act, default or omission of any person or entity, other than Sports Express, including those of any local, state or federal government agencies.

2.         Your violation of any of the terms and conditions contained in the Sports Express Service Guide, as amended or supplemented, or on an air bill, including, but not limited to, the improper or insufficient packing, securing, marking and addressing of items, or use of an account number not in good credit standing, or failure to give notices in the manner and time prescribed.

3.         Perils of the air, public enemies, criminal acts of any person(s) or entities, including, but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotion, hazards incident to a state of war, local or national weather conditions, national or local disruptions in air or ground transportation networks (as determined solely by us), strikes or anticipated strikes (of any entity, including, but not limited to, other carriers, vendors or suppliers), natural disasters (earthquakes, floods and hurricanes are examples of natural disasters), conditions that present a danger to our personnel, and disruption or failure of communication and information systems (including, but not limited to, our systems).

4.         Our compliance with verbal or written delivery instructions from the sender, recipient or persons claiming to represent the sender or recipient.

5.         Damage or loss of articles packaged and sealed by the sender or by person(s) acting at sender's direction, provided the seal is unbroken at the time of delivery, the package retains its basic integrity, and the recipient accepts the delivery without noting the damage on the delivery record.

6.         Erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film.

7.         Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery.

8.         Our failure to honor "package orientation" graphics (e.g., "UP" arrows, "THIS END UP" markings), "FRAGILE" labels or other special directions concerning packages, luggage, and travel cases.

9.         Your failure to send goods in packaging approved by us prior to delivery where such prior approval is recommended or required.

10.         The delivery of fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes and light bulbs.

11.         The delivery of scale models (including, but not limited to, architectural models, doll houses, etc.).

12.         Our failure to notify you of any delay, loss or damage in connection with your delivery or any inaccuracy in such notice.

13.         Damage to briefcases, luggage, garment bags, aluminum cases, plastic cases or other items whose outer finish might be damaged by adhesive labels, soiling or marking.

14.         The sender's failure to provide accurate delivery address information.

15.         Any package containing a prohibited item. (See "Prohibited Items.")

16.         Our provision of advice, assistance or guidance on the appropriate packaging of items unless such advice, assistance or guidance has been approved in writing by Sports Express and the writing expressly accepts liability in the event of a damaged item.

17.         Failing to meet our delivery commitment for any deliveries with an incomplete or incorrect address. (See "Undeliverable Items.")

18.         Damages indicated by any shock watch, tilt meter or temperature instruments.

19.         Deliveries released without obtaining a signature if a signature release is on file.

20.         Loss or damage to any package for which we have no record of receipt.

21.         Dangerous goods items that the sender did not properly declare, including proper documentation, markings, labels and packaging. Sports Express will not pay a claim on undeclared/hidden dangerous goods and the Sports Express Money-Back Guarantee does not apply.

22.         Previously damaged sporting equipment and personal luggage.

23.         Oversized, overweight or over-packed bags.

24.         Damage or loss of protruding luggage parts such as wheels, straps, pockets, pull handles, hanger hooks, or other items attached to sporting equipment and personal luggage and Manufacturer’s defects.

25.         Minor cuts, scratches, scuffs, dents and soil.

26.         Damage to Fragile items (antiques, heirlooms, mirrors, radios, stereos, cameras, etc.)

27.         Damage or delay to Perishable items (flowers, plants, fresh or frozen meat, medicine, etc.)

28.         Damage to Valuable items (photographic equipment, computers, VCRs and any other electronic equipment including software or components, video, jewelry, cash, documents, furs, works of art, securities and negotiable papers, silverware, or other similar valuable or irreplaceable items.

29.         Damage to soft cases, whether the case or contents.

Money-Back Guarantee Policy

We offer one Money-Back Guarantee for our services. This Guarantee can be suspended or revoked at our sole discretion without prior notice to you.

At our option, we will, upon request, either refund or credit your transportation charges in the event of a service failure. This Money-Back Guarantee is your exclusive remedy in the event of a service failure for the recovery of all or any portion of the Sports Express charges for a delivery. If the Money-Back Guarantee is suspended, there is neither remedy nor recovery of charges for a service failure.

NOTE: There is no money-back guarantee for the Economy Ground service.

Warranties

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED.
If you have questions or concerns regarding Sports Express, please send your Correspondence to:

Sports Express, LLC 72 Suttle St. Suite G Durango, CO 81303

Damaged Sporting Equipment or Personal Luggage

A.        We must receive notice of a claim due to damage (visible or concealed), delay, shortage, or failure within 48 hours of the scheduled delivery date. We must receive notice of all other claims, including, but not limited to, claims for non-delivery within 7 calendar days after the scheduled delivery.

B.        Notice of claims for which you are seeking more than $100 must be in writing. All claims must be made within the time limits set forth above.

C.        Notice of claim may be done via email to Guestcare@SportsExpress or via telephone with a live Travel Concierge. Failure to provide us with notice in the manner and within the time limits set forth in paragraphs (A) through (B) will result in denial of your claim, and we will have no liability or obligation to pay your claim. The filing of a lawsuit does not constitute compliance with these notice provisions.

D.        Written documentation supporting the amount of your claim must be delivered to us within 30 calendar days after we receive your notice of a claim. Such documentation may include original purchase invoices, estimates, or invoices for repair, expense statements, appraisals or other records. These documents must be verifiable to our satisfaction.

E.        Sports Express and its delivery partners reserve the right to inspect a damaged item on the recipient's premises as well as the right to retrieve the damaged package for inspection. The terms and conditions applicable to the original delivery (including any declared value) will govern the disposition of all claims in connection with the delivery, including any claim relative to the retrieval, inspection or return of the package. When an item is picked up for inspection, a receipt for the damaged item will be provided if requested by the recipient. All of the original delivery cartons, packing and contents must be made available for our inspection and retained until the claim is concluded.

F.        Receipt of the delivery by the recipient without written notice of damage on the air bill is prima facie evidence that the item was delivered in good condition.

G.        Sports Express does not accept claims for damaged clothing that is not packed securely with sporting equipment gear (for example, there shall be no damage coverage for clothing if it is determined to have occurred due to ski bindings, bike parts, or golf equipment damaging fabric).

H.        Sports Express does not accept liability for damage that is caused by items being improperly secured in a case.

I.        Only one claim can be filed in connection with a delivery. Acceptance of payment of a claim shall extinguish any right to recover in connection with that delivery.

J.        When we resolve a claim by paying full value for an item, we reserve the right to pick up the item for salvage, and all rights, title to, and interest in the item shall vest with us.

K.        Written claims must be sent (via U.S. Postal Service) to: Sports Express, LLC 72 Suttle St. Suite G, Durango, Co 81303

L.        Any purchases made because of a late delivery must be returned to Sports Express for salvage. If items are not returned, Sports Express reserves the right to decline reimbursement.

M.        Claims may be filed with Sports Express only. Further compensation may not be sought from the carrier directly.

FAILURE TO COMPLY WITH ANY OF THE ABOVE CONDITIONS WILL RESULT IN THE DENIAL OF YOUR CLAIM.

Claims for Service Failure Money Back Guarantee
To qualify for a refund or credit due to a service failure, you must notify us of the service failure and request a refund or credit of your transportation charges in compliance with the conditions listed below. If you do not comply with these conditions, you are not entitled to receive a refund or credit and cannot recover compensation for a service failure in any lawsuit:

1.        Requests for refund or credit of transportation charges due to a service failure must be submitted to Sports Express, Travel Concierge Service desk at 800.357.4174

2.        Your notification of a service failure must include your Sports Express order number, the recipient's name, address and ZIP code, and if available, the air bill or package tracking number, the item weight, and the date of the delivery.

3.        All requests for refund or credit of transportation charges must be received via one of the approved channels within 7-10 calendar days from the pickup date.

Sports Express will not be obligated to refund or credit your transportation charges under the Service Failure Money-Back Guarantee if:

1.        We provide you with proof of timely delivery, consisting of the date and time of delivery and name of the person who signed for the delivery, or service exception information reflecting that the failure to deliver timely resulted from circumstances described under "Liabilities Not Assumed."

2.        The service failure resulted, in whole or in part, from any of the circumstances described in the "Liabilities Not Assumed" section of these Terms and Conditions.

3.        The delivery was tendered during the three calendar days before Christmas

4.        The item was undeliverable or returned.

5.        The item was delayed due to an incorrect address or ZIP code or the unavailability or refusal of an appropriate person to accept delivery or sign for the package.

6.        The delivery was delayed due to Customs or other regulatory delays.

7.        Delivery was not completed because no one was available to accept delivery.

The following limitations also apply to the Service Failure Money-Back Guarantee:

1.        Credits for transportation charges will be applied to the payor's account only, and refunds will be made payable to the payor only.

2.        Only one refund or credit is permitted per package. In the case of multiple-piece deliveries, the Money-Back Guarantee applies to each item in the order. A refund or credit will be given only for the portion of the transportation charges applicable to those items in the delivery where there was a service failure.

3.        The Money-Back Guarantee for deliveries destined for areas outside our primary service areas applies only to the portion of the transportation provided directly by us.

4.        Items scheduled for delivery on a holiday will be delivered the next business day.

FAILURE TO COMPLY WITH ANY OF THE ABOVE CONDITIONS WILL RESULT IN THE DENIAL OF YOUR CLAIM.

DEFINITIONS

"Air bill" means any shipping document, manifest, label, stamp, electronic entry or similar item used to tender shipments through Sports Express for transportation.
"Business day" means Monday through Friday except for the following holidays:

• Memorial Day
• New Year's Day
• Independence Day
• Constitution Day (Puerto Ricoonly)
• Labor Day
• Good Friday (Puerto Ricoonly)
• Thanksgiving Day
• Three Kings Day (Puerto Ricoonly)
• Christmas Day
• International holidays vary by country. Check with a Travel Concierge for International holidays that may affect your International delivery.

Sports Express will normally reschedule deliveries for an observed holiday to be delivered on the following business day; Observance of local holidays may cause delivery delays.

“Carrier Partners” refers to any of Sports Express ’ shipping partners (i.e., FedEx, UPS, DHL).
"Chargeable weight" means the greater of actual or dimensional weight.
"Delivery" means one or more pieces, either packages or freight, moving on a single air bill.
"In good credit standing" means: (1) that payment on the Sports Express account is current; (2) the account is not in "cash only" status; and, (3) for commercial or business accounts, the balance does not exceed the credit limit established by Sports Express.
“Item” means an item part of a delivery.
“Normal delivery services” means the standard services offered by Sports Express (e.g., 3Day, 2Day, Standard Overnight, Priority Overnight).
"Overcharge" means a charge based on an incorrect rate; an incorrect special handling fee; billing a service other than the service selected for the package; billing based on incorrect package or item weight; billing to the wrong account number; or any other billing, unrelated to a service failure, that results in an incorrect charge.
“Order” means any combination of travel legs and items within those travel legs, which constitute an order (e.g., a roundtrip order would consist of two travel legs and any given # of items).
"Package" means any single parcel or piece with a chargeable weight of 150 pounds or less. Any fraction of a pound takes the next higher rate.
“Pickup” means the pickup of an item in a delivery.
"Proof of Delivery" means electronically captured delivery information, which may include date, time, location and signature information.
"Recipient" means the person whose name is listed on the air bill as the recipient.
"Reroute" means to deliver an item to an address different from that specified on the air bill, and includes a change: (1) from one street address to another in the same city and state; (2) from directions to “Hold at Carrier Location” to a request for delivery to another location; (3) from the delivery instructions on the air bill to a request to “Hold at Carrier Location;” (4) from one “Hold at Carrier Location” address to another in the same city and state.
"Residential delivery" means a delivery to a home or private residence, including locations where a business is operated from the home.
"Residential pickup" means a pickup from a home or private residence, including locations where a business is operated from the home.
"Service failure" means delivery of your package 60 seconds or more after our published delivery commitment for the Sports Express service for that item, except as otherwise described in these Terms and Conditions.
"Transportation charges" mean amounts assessed for movement of a shipment and does not include any other fees or charges which may be assessed under the Sports Express Service Guide, such as (but not limited to) Declared Value charges, Special Handling Fees, Customs Duties and Taxes, C.O.D. charges and surcharges.
“Travel Leg” constitutes a part of a Sports Express order. Roundtrip orders have two travel legs (origin – destination, destination – origin).
"Valid" as it relates to account numbers means a Sports Express account number that has been issued by Sports Express and that is in good credit standing.