ARTICLE 1 – SERVICES

1.1 Description of Services

1.1.1 Baggage check-in and/or delivery service

These Services allow the Client to entrust NIWAKI SERVICES with the delivery of one or more pieces of baggage from a chosen location, provided it falls within the designated service area (as defined in Article 1.5.4), to Orly airport, or from Orly airport to the chosen location, under the same geographical condition.

The Client may also authorize NIWAKI SERVICES to check in their baggage for a flight eligible for these Services, operated by one of NIWAKI SERVICES’ partner airlines, listed on the Website.

The Services may be provided:

– Before departure: pick-up and check-in of the baggage at the Client’s chosen address within the service area.

– Upon arrival: pick-up at Orly airport and delivery to the Client’s chosen address within the service area.

1.1.2 Forgotten baggage search and return service

1.2 Access to Services

1.2.1 The Website is accessible to any user with an internet connection or who connects via self-service kiosks located at DIRBY airport reception points.

All costs related to accessing the Website, whether hardware, software, or internet access, are the sole responsibility of the user. The user remains solely responsible for the proper functioning of their IT equipment and internet access.

1.2.2 NIWAKI SERVICES reserves the right to unilaterally deny access to all or part of the Services, without prior notice, to any user who fails to comply with these Terms.

1.3 Ordering Services

The Client may order Services by completing the reservation form provided for each request.

For the baggage check-in and/or delivery Service, the Client must provide all required information, including full name, mobile phone number, email address, pick-up address, and the dates and times of pick-up and delivery, airport, flight number, and number of bags.

For the forgotten baggage search Service, the Client must provide their name, email, mobile number, a description of the forgotten item (brand, model, color, etc.), where it was forgotten, and flight details.

Any order placed on the Website implies an obligation to pay.

Placing an order constitutes acceptance of the Service description and the prices in effect at the time of the order.

Once the order form is completed, the Client can review the Services ordered, the total price, and the order terms. They can select a payment method and, if necessary, modify or cancel the order before final confirmation.

The order is only definitively confirmed upon the final validation screen. This final step is equivalent to a handwritten signature as per Article 1367 of the French Civil Code and concludes a contract under Articles 1127-1 and 1127-2 of the French Civil Code.

From that point, the Client confirms the order, accepts it unconditionally along with the Terms, and the order becomes irrevocable.

Once the order is validated by NIWAKI SERVICES, the Client will receive a confirmation email.

The sale is only considered final once the confirmation email is sent and full payment is received by NIWAKI SERVICES.

NIWAKI SERVICES reserves the right to cancel or refuse any order from a Client involved in a payment dispute for a previous reservation.

The email and phone number provided by the Client will be used by NIWAKI SERVICES or its provider for communication purposes. The Client must ensure they are functional at all times.

Unless informed otherwise, the email address provided by the Client is considered valid, and all emails sent by NIWAKI SERVICES will be deemed received. The same applies to SMS messages.

The Client guarantees the accuracy of the information provided and acknowledges that NIWAKI SERVICES cannot be held liable for any failure or improper performance resulting from incorrect or incomplete information.

1.4 Cancellation and Modification

Once confirmed and accepted by NIWAKI SERVICES, the reservation cannot be canceled except in cases of force majeure.

Any modification by the Client (e.g., pickup or delivery time or location) must be made at least 48 hours before the scheduled flight departure via the Website. Failure to do so will result in adherence to the original request with no refund in case of non-compliance.

1.5 Operation of the baggage check-in and/or delivery service

1.5.1 Check-in and transport from the Client’s location to the airport

The Client must be present at the selected time slot and at the pick-up address provided during the reservation.

The Client acknowledges and accepts that if they are more than 15 minutes late to the agreed time slot, NIWAKI SERVICES may, at its sole discretion, refuse to pick up any baggage and more broadly to provide any related Service, without any eligibility for a refund.

NIWAKI SERVICES will verify the order and the Client’s identity.

For safety and security reasons, NIWAKI SERVICES may refuse to transport or continue transporting the Client’s baggage if it contains prohibited items as listed in Article 4.2.1 or if the Client has not complied with the obligations described in Article 4.2.

NIWAKI SERVICES may also refuse to transport any baggage that does not match the order or that is incompatible with road transport due to size, shape, weight, content, configuration, or nature, or if such issues are discovered during the transport.

Upon pick-up, NIWAKI SERVICES will weigh, seal, and transport the baggage to the departure airport specified by the Client.

The Client can track the progress of the baggage transport via the Application, from collection to delivery.

The Client will collect the baggage at the destination airport in the designated baggage claim area or, if selected, have it delivered directly to their place of residence.

1.5.2 Collection from the airport and delivery to the Client’s location

NIWAKI SERVICES collects the baggage at the arrival baggage carousel, weighs and seals it, and transports it to the delivery address provided at the time of the order.

The Client can track the transport progress via the Application.

The Client must be present at the selected time slot at the delivery address.

The Client acknowledges and accepts that if they are more than 15 minutes late to the agreed time slot, NIWAKI SERVICES may refuse to deliver the baggage and provide any related Service, with no refund.

1.5.3 Conditions for transported baggage (dimensions, weight, restrictions)

Any baggage exceeding 158 cm in total dimensions (length + width + height) but less than 300 cm is considered oversized. An additional fee of €50 per item applies. This fee is distinct from any airline-imposed excess baggage fees.

Each item of baggage must not exceed 32 kg, in accordance with regulations.

Total dimensions must not exceed 300 cm. Live animals (AVIH) are not accepted.

In all other cases, the airline’s baggage policy applies.

1.5.4 Pick-up and delivery service area

NIWAKI SERVICES’ operations are limited to the following departments in Île-de-France: Paris (75), Val-de-Marne (94), Hauts-de-Seine (92), Seine-Saint-Denis (93), Essonne (91).

1.6 Forgotten baggage search and return service

Once the service order is accepted, NIWAKI SERVICES will conduct a search to locate the baggage.

The Client may be contacted by phone or email to provide additional details to help identify the baggage.

If the baggage is found and confirmed by the Client, a payment link will be sent to finalize the service and arrange delivery or collection, subject to any applicable delivery charges.

ARTICLE 2 – NO RIGHT OF WITHDRAWAL

In accordance with Article L.221-28 of the French Consumer Code, the Client, if acting as a consumer, does not have a right of withdrawal.

ARTICLE 3 – PRICE AND PAYMENT

3.1 Price

All orders placed on the Website are subject to payment.

For all Services, prices are displayed on the Website in euros including all taxes (TTC).

The TTC prices include VAT at the applicable rate on the date of the order. Any change in the VAT rate may impact the Service prices accordingly.

NIWAKI SERVICES reserves the right to modify its prices at any time. The applicable price is the one in effect at the time of the Client’s order.

The displayed price excludes any additional fees not explicitly mentioned in the order confirmation.

3.2 Payment

Baggage check-in and/or delivery Services are payable at the time of the order.

Forgotten baggage search Services are payable upon reconciliation, via a payment link sent by NIWAKI SERVICES.

Payment is made by credit card exclusively through a secure payment interface. Accepted card types are listed on the Website and may change.

Payments are only considered final once the amounts due are successfully received by NIWAKI SERVICES.

In case of late or failed payment, NIWAKI SERVICES reserves the right to:

– Cancel the reservation,

– Immediately suspend ongoing Services until full payment is received,

– For professional Clients: charge late payment interest equal to 3 times the legal interest rate, calculated on outstanding sums, along with a €40 fixed recovery fee, and additional compensation if actual recovery costs exceed this amount.

ARTICLE 4 – CLIENT OBLIGATIONS AND LIABILITY

4.1 Providing Information

The Client guarantees that all information submitted in the reservation form is accurate and agrees to keep it up to date.

This information serves as proof of the Client’s identity.

For the forgotten baggage service, the Client agrees to cooperate by providing any requested information necessary for locating and returning their baggage.

During check-in and baggage pick-up, the Client must present all travel documents as required by the airline (passport, ID card, ticket, etc.).

The Client must show a photo ID to the agent during baggage collection and sign a collection slip indicating the date, time, delivery address, and number of bags.

If an account is created, the Client is responsible for maintaining the confidentiality of their login credentials.

The Client is liable for all actions performed through their account. Any suspected security breach must be reported to NIWAKI SERVICES immediately at customercare@dirby.fr.

The Client must log out after each session, particularly when using shared or public computers.

The Client guarantees that their account content complies with applicable laws and third-party rights. NIWAKI SERVICES reserves the right to take action if violations occur, including account termination.

The Client is fully responsible for all actions taken on the Website and Application.

ARTICLE 5 – NIWAKI SERVICES’ OBLIGATIONS AND LIABILITY

5.1 Access to the Website and Application

NIWAKI SERVICES commits to employing appropriate human and technical resources to ensure access continuity to its Services. This constitutes a best-effort obligation.

NIWAKI SERVICES shall not be held liable for temporary difficulties or interruptions in accessing the Services, arising from external causes such as:

– issues with the Client’s own servers or network,

– disruptions caused by telecom or internet service providers,

– misconfigurations on the Client’s part,

– or any event of force majeure.

In case of malfunctions, NIWAKI SERVICES will make every effort to restore normal service, although uninterrupted service access cannot be guaranteed.

The Website and Application are not covered by a specific service level agreement. NIWAKI SERVICES may suspend access temporarily for maintenance or technical reasons, without compensation.

NIWAKI SERVICES cannot be held responsible for any damages resulting from non-compliance by the Client or improper use of the Website or Application.

5.2 Regarding the Services

5.2.1 Baggage Check-in and Delivery Service

NIWAKI SERVICES implements all necessary measures to ensure optimal service delivery, including subcontracting when needed.

The company is responsible for returning the baggage in the same condition it was received, except for normal wear (scratches, scuffs, etc.) that do not impair usability.

Photos taken at pick-up and drop-off may serve as evidence.

NIWAKI SERVICES is responsible for baggage transport from pick-up to handover at the airport’s infrastructure. It is not liable for damage or loss occurring outside this scope.

Similarly, for deliveries from the airport to the Client’s address, NIWAKI SERVICES is only responsible during the transport window.

5.2.2 Forgotten Baggage Search and Delivery Service

NIWAKI SERVICES will make its best efforts to locate the forgotten item. This is a best-effort obligation, not a guarantee of results.

If the item is not found within thirty (30) days from the order, the contract will be automatically terminated with no further obligations for either party.

5.2.3 NIWAKI SERVICES cannot be held liable for damages resulting from:

– actions or omissions by the Client,

– unforeseeable or unavoidable third-party actions,

– or cases of force majeure.

It is not liable for damages caused by defects inherent in the baggage itself.

If baggage contents cause harm to a third party or NIWAKI SERVICES, the Client shall indemnify the company for all resulting losses and expenses.

NIWAKI SERVICES is not responsible for pre-existing damage or normal wear (e.g., minor scratches, torn fabric, broken zippers from overpacking).

Photos taken at collection and delivery may be used as proof.

5.2.4 For professional Clients, NIWAKI SERVICES shall not be liable for indirect or intangible damages (e.g., loss of image, opportunity, revenue, clients, or data).

In such cases, the Client waives any recourse and must ensure that their own insurers extend this waiver to NIWAKI SERVICES.

NIWAKI SERVICES’ liability is strictly limited to €150 per bag for damage, loss, or delay related to baggage.

For other damages (e.g., delivery delay), compensation is limited to the amount of the affected service.

ARTICLE 6 – FORCE MAJEURE

NIWAKI SERVICES is not liable for partial or total non-performance of Services caused by force majeure events.

For professional Clients, force majeure includes (non-exhaustively): war, civil unrest, terrorism, embargo, legal orders, natural disasters, epidemics, prolonged transport or IT outages, strikes, cyberattacks.

ARTICLE 7 – TERM – TERMINATION – UNDELIVERED BAGGAGE

7.1 Duration

The contract duration matches the execution period of the ordered Service.

7.2 Termination for Breach

In case of repeated or serious breach of contract, and if unresolved within fifteen (15) days following formal notice, either party may terminate the contract without compensation.

NIWAKI SERVICES may suspend or cancel the Client’s access to the Services in case of material breach, without refund, and may seek damages.

Material breaches include:

– failure to pay,

– providing false or incomplete information,

– violating safety rules or engaging in illegal activities.

Termination occurs automatically without need for legal action.

7.3 Baggage Undelivered Due to Client’s Fault

7.3.1 Check-in/Delivery Service

If delivery fails due to the Client, the baggage will be handed over to the airline, and NIWAKI SERVICES is released from any further obligation.

7.3.2 Forgotten Baggage Service

If the Client fails to complete payment or accept delivery within 30 days of reconciliation, the baggage will be returned to the airline, ending NIWAKI SERVICES’ responsibility.

ARTICLE 8 – PRE-CONTRACTUAL INFORMATION

The Client acknowledges having received, in a clear and understandable manner before placing an order, these Terms and all required pre-contractual information in accordance with Articles L111-1 to L111-7 of the French Consumer Code, including:

– the essential characteristics of the Services;

– the total price including all taxes and additional fees;

– the delivery time or date where applicable;

– the identity and contact information of the service provider;

– details on legal and contractual guarantees;

– functionalities and interoperability of digital content, if applicable;

– the right to mediation in case of a dispute;

– and the absence of a right of withdrawal.

ARTICLE 9 – INTELLECTUAL PROPERTY

The Website and Application, trademarks (including ‘DIRBY’), and related Services are protected by intellectual property rights owned by NIWAKI SERVICES or its partners.

Any reproduction, representation, extraction, or reuse, in whole or in part, by any means without prior written authorization from NIWAKI SERVICES is strictly prohibited.

Unauthorized use may result in civil and/or criminal liability.

ARTICLE 10 – CONFIDENTIALITY AND PERSONAL DATA PROTECTION

10.1 NIWAKI SERVICES ensures the confidentiality of personal data in accordance with legal and regulatory obligations.

10.2 Data processing terms are detailed in the company’s privacy policy available online.

10.3 NIWAKI SERVICES does not have access to user passwords or bank card details.

10.4 All payments are encrypted for security.

ARTICLE 11 – GOVERNING LAW AND JURISDICTION

11.1 These Terms are governed by French law.

11.2 For professional Clients, any disputes are subject to the exclusive jurisdiction of the Paris Commercial Court.

11.3 For consumer Clients, jurisdiction lies with the court of the Client’s residence or any competent French court under procedural law.

11.4 In case of a dispute, electronic data from the Website and Application will serve as valid and binding evidence.

ARTICLE 12 – MEDIATION

If a consumer Client is unable to resolve a dispute amicably, they may contact the designated consumer mediation body: Paris Commercial Court.

Clients may also use the EU’s Online Dispute Resolution platform for out-of-court solutions.

ARTICLE 13 – SEVERABILITY

13.1 If any clause of these Terms is declared null, the remaining clauses shall remain valid and enforceable.

13.2 The fact that NIWAKI SERVICES does not invoke a clause at a given time does not constitute a waiver to invoke it later.

ARTICLE 14 – LEGAL NOTICE

14.1 This Website is published by NIWAKI SERVICES, a simplified joint-stock company with capital of €1000, registered with the Paris Trade and Companies Register under number 853 413 359, headquartered at 30 rue Beaubourg, 75003 PARIS.

VAT number: FR70853413359
Email: customercare@dirby.aero

14.2 Hosting is provided by Nimu, 18 rue du docteur Arnaudet, 92190 Meudon

VAT number: FR77922465398
Email: admin@nimu.fr

14.3 For account deletion or any other request, please contact:

By post: NIWAKI SERVICES – 30 rue Beaubourg – 75003 PARIS

By email: customercare@dirby.aero