The service conditions come into effect on March 1, 2020.
The terms of this agreement constitute a contract between you and Niwaki Services governing your access to and use of the website, dirby.fr, which refers to these conditions. In these Terms, the term “Site” defines the website, dirby.fr, as well as the services and technologies offered on this Site. By continuing to access our Site and use it, you agree to be bound by these Terms of Service and our privacy policy.
By accessing, using, and creating an account on Dirby.fr, by clicking “I accept,” “continue,” by checking a box, you explicitly and expressly acknowledge that this contract constitutes a binding standard agreement and declare that you are over 18 years old or that you are a minor (emancipated or with parental consent or legal guardian) and therefore declare that you have the capacity and possess the skills to validate, understand, and enter into the obligations, terms, conditions of service, warranties, use set out in the terms of service and thereby hereby accept the legal terms of this contract and thus accept the offer of NIWAKI SERVICES to use the Dirby.fr website.
NIWAKI SERVICES reserves the right, at any time, to update, supplement, or modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Dirby.fr website. We reserve the right to add or remove features or characteristics, and we may suspend or terminate a particular feature.
NIWAKI SERVICES complies with applicable privacy laws, as indicated in our GDPR policy.
1. Your Data:
As part of using the Dirby.fr website, you will need to create an account for the delivery of your luggage or the retrieval of your belongings on board. To do this, you must comply with all the criteria defined above.
You may not share your account with anyone else. Please keep your password confidential. If you believe your account has been compromised at any time, please inform NIWAKI SERVICES immediately or on the Dirby.fr website at customercare@dirby.fr.
2. Intellectual Property:
Using the Dirby.fr Site does not grant you any intellectual property rights to the content you access. You may only use the Content on our Site if you obtain permission from Us or its owner, or if you are otherwise authorized by law.
The title, ownership, and all rights and interests, including, without limitation, patents, copyrights, trademarks, trade secrets, and other intellectual property rights, in and to the Dirby.fr Site are owned by NIWAKI SERVICES. All text, content, and documents on the Site, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress or other intellectual property appearing on the Site and the organization, compilation, presentation, illustrations, artwork, software, and other works on the Sites, except for Your data, are the property of NIWAKI SERVICES and its affiliates, or are used with permission from or licensed by third parties and are protected by copyright, trademark, and other intellectual property laws.
ARTICLE 1 – SERVICES OFFERED
1.1 Dirby.fr is a service provided by the company NIWAKI SERVICES, a SAS with a capital of €1000 registered with the Paris Trade and Companies Register under number 85341335900011, with its registered office at 30 rue Beaubourg 75003 PARIS.
1.2 NIWAKI SERVICES offers baggage delivery services from and/or to airports (list of airports available on the Dirby.fr website) and onboard forgotten item delivery services.
ARTICLE 2 – DEFINITIONS
2.1 “Onboard Forgotten Items Database” refers to the database designed and operated by NIWAKI SERVICES listing all information related to onboard forgotten items and loss declarations made by Users via their access accounts on the Dirby.fr Site.
2.2 “CGU” refers to these General Terms of Use.
2.3 “Personal Identifiers” refers to the username and password entered by Users during registration on the Site.
2.4 “Onboard Forgotten Item” refers to any lost or forgotten item on board an aircraft.
2.5 “Dirby.fr Site” or “Site” refers to the public website Dirby.fr located at the URL “Dirby.fr”.
ARTICLE 3 – PURPOSE AND ACCEPTANCE OF THE CGU
3.1 These CGU aim to define the conditions under which the User agrees to use the Dirby.fr Site.
3.2 TO USE THE DIRBY.FR SITE, EACH USER MUST READ AND ACCEPT, WITHOUT RESERVATION, THESE CGU BY A MANDATORY VALIDATION MECHANISM THROUGH A CHECKBOX, DURING REGISTRATION.
ARTICLE 4 – DURATION
4.1 These CGU are effective from March 1, 2020, and remain applicable for the entire duration of the use of the Dirby.fr Site.
4.2 NIWAKI SERVICES reserves the right to adapt and modify these CGU, it being specified that the applicable CGU are those in force on the day of use of the Dirby.fr Site by the User. Any modification of the CGU will be published on the Dirby.fr Site.
ARTICLE 5 – SERVICE DESCRIPTION
5.1 NIWAKI SERVICES provides users with the Dirby.fr Interface to allow them to register a declaration of lost items on board the aircraft and/or to order delivery upon arrival or departure from airports (list of airports concerned available on the Dirby.fr site). As such, Users benefit from a non-exclusive, non-commercial right to use the Dirby.fr Site.
ARTICLE 6 – ACCESS TO THE SERVICE
6.1 The Dirby.fr Site is accessible to any User with internet access. All costs associated with accessing the Dirby.fr Site, whether hardware, software, or internet access fees, are solely the responsibility of the User. The User remains solely responsible for the proper functioning of their computer equipment and internet access.
6.2 NIWAKI SERVICES reserves the right to refuse access to all or part of the Dirby.fr Site, unilaterally and without prior notice, to any User who does not comply with these CGU.
ARTICLE 7 – REGISTRATION
7.1 To register declarations of onboard forgotten items or to order baggage delivery on the Dirby.fr Site, the User must first register by creating an online account. Registration requires the User to choose Personal Identifiers.
7.2 To create an account, the User must provide the information requested on the registration form. The User declares that the information provided is accurate, complete, and current, and agrees to notify any changes to this information as necessary.
7.3 Registering a declaration of an Onboard Forgotten Item does not guarantee that the lost item will be found. NIWAKI SERVICES cannot be held liable in any way to the User if lost items are not recovered following the registration of loss declarations on the Site.
ARTICLE 8 – PRICES AND PAYMENT
8.1 Registering an onboard forgotten item or requesting baggage delivery on the Dirby.fr Site is free of charge.
8.2 The remuneration for services offered by NIWAKI SERVICES is specified to Users on the Dirby.fr Site.
8.3 Accepted payment methods are: credit card (CB, Visa, and Mastercard via the secure banking payment interface, encrypted by a certificate) transferred to the account of NIWAKI SERVICES.
ARTICLE 9 – USER OBLIGATIONS
9.1 The User agrees to use the Dirby.fr Site in accordance with these CGU and applicable laws. Consequently, the User agrees not to hinder or distort the operation of the Dirby.fr Site, harm any part of its elements, or access it fraudulently.
9.2 The User agrees to maintain the confidentiality of their Personal Identifiers and ensure that they are not disclosed to third parties. The User is responsible for all actions taken from their account. If the User believes there has been a breach of the security of their Personal Identifiers, such as disclosure, theft, or unauthorized use, they must immediately inform NIWAKI SERVICES by email at the following address: customercare@dirby.fr. The User will ensure to log out of their account after each use of the Service, especially if logged in from a public or shared computer.
9.3 The User guarantees that the elements of their account or items registered on the Dirby.fr Site from their account do not infringe on the rights of third parties and are not contrary to law and regulations. In case of non-compliance with these commitments, NIWAKI SERVICES reserves the right to take any appropriate action, including removing prohibited content and terminating the User’s account.
9.4 The User guarantees the legality of the content they register on the Dirby.fr Site via their account. The User must immediately report any illegal content or behavior through the online form.
9.5 In general, the User assumes full responsibility and consequences for all actions they perform on the Dirby.fr Site.
9.6 The User acknowledges that registration on the Dirby.fr Site and the registration of their onboard forgotten item does not exempt them from fulfilling mandatory legal and regulatory formalities applicable to onboard forgotten items.
9.7 The User acknowledges that fraudulently appropriating a found item constitutes theft punishable by a maximum sentence of 3 years imprisonment and a fine of up to €45,000.
ARTICLE 10 – NIWAKI SERVICES’ OBLIGATIONS
10.1 NIWAKI SERVICES undertakes to implement appropriate human and material resources to operate the Dirby.fr Site in order to ensure continuous access to the service. In this regard, NIWAKI SERVICES is solely bound by an obligation of means.
10.2 NIWAKI SERVICES undertakes to host the information contained on the Dirby.fr Site and acts in this capacity solely as a technical service provider.
ARTICLE 11 – MATCH RESULT
11.1 After registering an onboard forgotten item on the Dirby.fr Site, the service provider who believes the declarant to be the owner of a referenced item cross-verifies with the declarant if the item matches the loss declaration.
11.2 The match result is primarily a mathematical formula managed by the computer system. In cases where the mathematical formula does not provide a clear result, a manual match result may be performed by NIWAKI SERVICES.
ARTICLE 12: RETURN OF ITEMS
12.1 If the Dirby.fr Site indicates a match result between data entered by a Partner and data entered by a User, the contact details of the onboard forgotten items service where the item is held are communicated to the User so they can make contact or visit. Only the relevant Partner can decide to return the item in question and the terms of such return.
12.2 If the Dirby.fr Site allows a match result between data entered by the User, the return of the item is organized directly between the User and Dirby services.
ARTICLE 13 – SUSPENSION/DEACTIVATION OF A USER
13.1 When a User is likely to violate these CGU or, more broadly, applicable laws and regulations, NIWAKI SERVICES reserves the right to temporarily suspend the account to verify compliance with its practices. When a user violates these CGU or, more broadly, applicable laws and regulations, NIWAKI SERVICES reserves the right to permanently deactivate the User by deleting their personal account and prohibiting them from re-registering, without prejudice to any legal action by NIWAKI SERVICES against said User.
ARTICLE 14 – LIMITATION OF LIABILITY
14.1 NIWAKI SERVICES is a provider of technical services managing an IT and software infrastructure made available to Users. Consequently, NIWAKI SERVICES is neither a representative, agent, nor employee of Users.
14.2 NIWAKI SERVICES generally acts solely as a technical service provider to Users by providing information storage services ensuring baggage delivery via Partners. NIWAKI SERVICES may access User content in the context of providing services to Users. In this context, NIWAKI SERVICES cannot be held liable for activities or information stored at the request of Users if it did not have actual knowledge of their manifestly illegal nature or facts and circumstances indicating such nature, or if, upon obtaining such knowledge, it promptly acted to remove such data or make access impossible.
14.3 NIWAKI SERVICES cannot, under any circumstances, be held responsible for the match result between an Onboard Forgotten Item and a loss declaration. NIWAKI SERVICES has no control over the accuracy of the description of found or declared lost items, as such control is entirely the responsibility of the Partner and/or Users.
14.4 NIWAKI SERVICES does not guarantee the condition of Onboard Forgotten Items and exercises no control over the quality, safety, or legality of listed items, the truthfulness or accuracy of User content or listings.
14.5 NIWAKI SERVICES offers services such as the return of an Onboard Forgotten Item to the declaring User. The return is organized between the Partner and the User.
14.6 NIWAKI SERVICES does not guarantee the integrity of items and their components. For devices containing data storage spaces and/or software, NIWAKI SERVICES provides no warranty regarding the state of data or software contained on returned items, access conditions, and their proper functioning.
14.7 In case of difficulties affecting the operation of the Dirby.fr Site, NIWAKI SERVICES undertakes to make every effort to restore the continuity of its operation. However, given the complexity of the technical chain implemented, NIWAKI SERVICES cannot guarantee full continuity of operation and access to the Dirby.fr Site.
14.8 The use of the Dirby.fr Site is not covered by any particular service guarantee. In case of malfunction, NIWAKI SERVICES reserves the right to temporarily suspend access to its services for technical or maintenance reasons without entitling Users to any compensation. NIWAKI SERVICES undertakes to make its best efforts to limit such interruptions.
14.9 In no event shall NIWAKI SERVICES be liable for damages resulting in whole or in part from a User’s failure to meet their obligations, damages resulting from the use of the Dirby.fr Site not in accordance with the conditions defined in these CGU, or indirect or unforeseeable damages resulting from the use or operation of all or part of the Dirby.fr Site.
ARTICLE 15 – INTELLECTUAL PROPERTY RIGHTS
15.1 The Dirby.fr Site is protected by intellectual property rights owned by NIWAKI SERVICES and/or its third-party partners. NIWAKI SERVICES notably owns the sui generis right of databases on the Dirby Database. “Dirby” is a registered trademark with the INPI under number 018104674. Any reproduction, representation, extraction, reuse in whole or in part of the Dirby Site is prohibited without prior authorization from NIWAKI SERVICES and/or its partners.
15.2 The license granted to Users is limited to personal use and consultation of the Dirby Database for purposes outlined in these CGU. Specifically, no extraction of data from the Dirby Database or reuse for commercial purposes of all or part of the Dirby.fr Site is authorized without prior written consent from NIWAKI SERVICES.
15.3 The trademarks appearing on the Dirby Site are the property of NIWAKI SERVICES or its Partners. Any use of these trademarks is prohibited without prior authorization from NIWAKI SERVICES or its Partners.
ARTICLE 16 – SITE ACCESS LICENSE
16.1 The license granted to the User is limited to accessing and using the Dirby.fr Site for personal use.
16.2 The content of the Dirby.fr Site may not be modified, copied, distributed, framed, reproduced, downloaded, displayed, published, transmitted, or sold in any form or by any means, in whole or in part, without prior written consent from NIWAKI SERVICES.
16.3 Any use of the Dirby.fr Site other than as provided herein, or in contravention of applicable law or third-party rights, is strictly prohibited and will result in the User’s deactivation and liability in accordance with applicable laws and provisions.
ARTICLE 17 – CONFIDENTIALITY AND PERSONAL DATA PROTECTION
17.1 NIWAKI SERVICES ensures the confidentiality of personal data entrusted to it in compliance with current legal and regulatory provisions. Information collected by NIWAKI SERVICES is subject to computer processing to manage the service accessible via the Dirby.fr Site. This processing has been declared to the CNIL.
17.2 The conditions for processing Users’ personal data are defined in NIWAKI SERVICES’ privacy policy accessible on its GDPR declaration.
17.3 NIWAKI SERVICES does not have access to the User’s password or credit card number.
17.4 All payments related to the Dirby.fr Platform are encrypted.
ARTICLE 18 – APPLICABLE LAW AND JURISDICTION
18.1 These CGU are subject to French law.
18.2 Unless otherwise required by mandatory provisions, any dispute regarding the validity, interpretation, or execution of these CGU falls under the jurisdiction of the courts of Paris, notwithstanding multiple defendants or third-party claims, even for urgent or conservatory proceedings, interim or summary proceedings.
18.3 In case of dispute concerning the interpretation or execution of these CGU, electronic data stored on the Dirby.fr Site shall prevail until proven otherwise regarding the use of services. This electronic data thus constitutes admissible, valid, and enforceable evidence against Users under the same conditions and with the same evidentiary force as any document established, received, or retained on paper.
ARTICLE 19 – SEVERABILITY OF CLAUSES
19.1 The nullity, expiry, lack of enforceability, or inoperability of any provision of these CGU shall not affect the validity, expiry, enforceability, or opposability of the other provisions, which shall retain their full effect.
19.2 The fact that NIWAKI SERVICES does not invoke any clause of these CGU at a given time cannot be construed as a waiver to invoke these same clauses subsequently.
ARTICLE 20 – LEGAL INFORMATION
20.1 This Site is published by NIWAKI SERVICES.
20.2 The site is hosted by NIMU SAS, 149 avenue du Maine – 75014 Paris.
20.3 For any account deletion or other requests, please contact us at the following address: By postal mail: NIWAKI SERVICES – 30 rue Beaubourg – 75003 Paris By email: customercare@dirby.fr
DIRBY is a service provided by the company NIWAKI SERVICES, SAS with a share capital of €1000, registered with the Paris Trade and Companies Registry under number 85341335900011, headquartered at 30 rue Beaubourg 75003 PARIS.
NIWAKI SERVICES respects the privacy of its users. A set of personal data concerning users of the dirby.fr website and its subdomains is processed by NIWAKI SERVICES (hereinafter “Personal Data” or “Your Data”).
In the context of using its services, particularly those accessible on its website, mobile site, and mobile applications, NIWAKI SERVICES, as data controller, may collect and process personal data about you.
NIWAKI SERVICES is committed to respecting the privacy rules of its clients and visitors to its website, mobile site, and mobile applications. All personal data processing activities carried out in connection with the services provided comply with applicable local data protection regulations, including the provisions of the amended “Data Protection Act” of January 6, 1978, and the General Data Protection Regulation (EU Regulation 2016/679) or “GDPR.”
This document specifies the nature of the personal data collected and the purposes for which your data are used by NIWAKI SERVICES.
Additionally, NIWAKI SERVICES contractually imposes the same level of personal data protection on its subcontractors (service providers, suppliers, etc.).
NIWAKI SERVICES undertakes to comply with any other principle imposed by applicable data protection regulations, specifically concerning the rights granted to data subjects, retention periods for personal data, and obligations regarding cross-border transfers of personal data.
The processing of your data has been declared to the CNIL (French Data Protection Authority).
It is possible to browse the pages of the dirby.fr site without registering. However, to access all dirby.fr services, especially to submit a declaration of loss or found object, luggage delivery, and connection services, you must register via the online registration form and provide NIWAKI SERVICES with a number of mandatory or optional pieces of information. The mandatory or optional nature of the requested information is indicated on the collection forms.
NIWAKI SERVICES may request certain financial information (such as credit card number, bank account details) to allow the Claimant or customer to settle due fees. This information will only be used to ensure the performance of the service and will not be transmitted to any third party or organization without the express authorization of the user.
NIWAKI SERVICES records certain data related to your browsing and usage habits for statistical purposes. This data (IP address, pages visited before and after browsing dirby.fr) will be studied and analyzed anonymously and in aggregate by NIWAKI SERVICES.
Your data is collected for a period of one year (12 months) from the date of your registration on the site.
These retention periods are defined based on the processing purposes implemented by NIWAKI SERVICES and take into account applicable legal provisions imposing specific retention periods for certain categories of data, any applicable limitation periods, and recommendations from the CNIL concerning certain categories of data processing (for example, Deliberation No. 2016-264 of July 21, 2016, amending a simplified standard concerning automated processing of personal data relating to the management of clients and prospects (NS-048), Article L.232-7 of the Internal Security Code concerning the transmission of passenger data to the French administration, cookie retention for 13 months according to CNIL recommendation…).
You have the right to object, for legitimate reasons, to the processing of your data as well as their use for prospecting, especially commercial purposes. To exercise this right, you can contact us by email at customercare [at] dirby [dot] fr. You can also exercise your right to object by contacting the registered office of the company, NIWAKI SERVICES, 30 rue Beaubourg 75003 PARIS.
You have the right to access, rectify, and erase your personal data. To exercise this right, you can modify your information in your user account or contact us via the contact form for any request to delete your user account. You can also exercise your right of access by contacting the data controller at the registered office of NIWAKI SERVICES, 30 rue Beaubourg 75003 PARIS.
Before responding to a request to modify or delete your data, we may ask you to identify yourself.
We take all necessary measures to protect personal data against accidental or deliberate destruction. Therefore, even when you delete data used by our services, we may not immediately delete residual copies stored on our active servers or in our backup systems.
You have the right to data portability. You can download your personal data directly from your customer account using your username and password.
In compliance with applicable regulations, NIWAKI SERVICES may use your data, including to inform you about services and offers from Dirby.fr. Your email and postal addresses are also used by NIWAKI SERVICES for billing the claimant and/or the client and potentially to send you other types of information. Your contact details (name, first name, address, phone number, email address) do not appear on the site. They are transmitted, as appropriate, to the relevant service chosen in relation to the client’s request processing when NIWAKI SERVICES and/or the partner have conducted the necessary preliminary checks.
Without your express authorization, NIWAKI SERVICES undertakes never to transfer or sell to third parties any personal information and contact details that could be used to personally identify you.
Data Transfers outside the European Union
Some of the recipients mentioned above may be located outside the European Union and may have access to all or part of the personal information collected by NIWAKI SERVICES (name, first name, passport number, etc.), for the purposes of executing the transport contract or due to specific legal authorization.
In this context, NIWAKI SERVICES undertakes to ensure the protection of your data in accordance with the strictest rules, notably through the case-by-case signature of contractual clauses based on the European Commission model, or any other mechanism compliant with the GDPR, whenever your personal data is processed by a provider outside the European Economic Area and whose country is not considered by the European Commission as providing an adequate level of protection.
However, NIWAKI SERVICES may be required to transmit certain data to judicial authorities or third parties under a legal obligation. In particular, NIWAKI SERVICES may exceptionally disclose your data if necessary to (a) comply with applicable laws or respond to a subpoena or court order; or (b) protect and defend its rights or those of site users.
NIWAKI SERVICES may exceptionally disclose your data to partner or affiliated companies or to companies operating under the control of NIWAKI SERVICES or its partners involved in the process of providing services offered by NIWAKI SERVICES.
NIWAKI SERVICES is responsible for the processing and storage of your data; services and partners have access solely to facilitate the service of connecting you with the service relevant to processing your request. NIWAKI SERVICES may anonymize data by removing personally identifiable elements such as name and email address, and aggregate data for market research or other business purposes.
Sending unsolicited messages from one user to another is strictly prohibited.
Any actions performed using your password and email are your sole responsibility. It is essential not to disclose this information to any third party as doing so would compromise your data control and could bind you to obligations incurred on your behalf.
If you receive an email requesting updates to information such as passwords, credit card numbers, or aliases, do not respond and contact us via the contact system on dirby.fr. If your password has been disclosed to third parties, you must immediately change it through your user account.
NIWAKI SERVICES endeavors to secure communications and data storage to protect the confidentiality of your personal information against loss and interception by third parties. However, please note that there is no zero risk of loss or interception by a third party of your data.
We reserve the right to modify this policy based on evolving rules applied to the collection and disclosure of personal data. Any changes to this policy will take effect upon posting and notification of the modification in your personal account.
NIWAKI SERVICES generates cookies on certain pages of the site to facilitate navigation (for example, no need to re-enter passwords repeatedly). These cookies are small, temporary files in most cases. They are stored on your hard drive and typically last for the duration of a session. You can always block the installation of cookies via your browser, but this may prevent you from accessing all of our services. Pursuant to Article 32.II of the French Data Protection Act (“Loi Informatique et Libertés”), your consent is not required when the installation of a cookie is solely for the purpose of enabling or facilitating electronic communication or is strictly necessary for the provision of an online service at your request.
The data controller is NIWAKI SERVICES, SAS with a capital of €1,000, registered in the Paris Trade and Companies Register under number 85341335900011, with its registered office at 30 rue Beaubourg 75003 PARIS.
Contact email address for any questions or requests regarding your data: customercare@dirby.fr