Liability, disclaimer and limitation of responsibility

Version 1 · Applies worldwide · Operated by StrandaData, Norway

1. 1. Nature of the service — we are an intermediary only

   LOSTandFOUND.no ("the Platform", operated by StrandaData, Norway) provides software that lets a guest describe an item they believe they left behind, lets a property record and respond to that report, and lets the parties settle a service fee and a shipping cost through a third-party payment processor.

   The Platform is not a bailee, warehouseman, custodian, freight forwarder, carrier, insurer, broker or agent of either party. At no point do we take possession, custody, control or title of any item. Every physical act — searching, identifying, handling, storing, packing, labelling, dispatching, donating, recycling or disposing of an item — is performed exclusively by the property or by a carrier chosen by the property or guest.

   The contract for the return of an item is formed directly between the guest and the property. We are not a party to it.

2. 2. No responsibility for items left behind

   To the fullest extent permitted by applicable law, LOSTandFOUND.no accepts no responsibility or liability of any kind for items left, forgotten, mislaid or abandoned by guests, customers, visitors or any other person at a hotel, guest house, apartment, short-stay rental, restaurant, venue, vehicle, transport hub or any other property or location, whether or not that property is registered on the Platform.

   This exclusion applies regardless of the value, nature, sentimental importance or irreplaceability of the item, and regardless of whether the item was ever found, reported, recorded, photographed or matched on the Platform.

   Responsibility for personal belongings remains at all times with their owner, and thereafter — where applicable — with the property under the law of the place where the item is located and under that property's own house rules, lost-property policy and any mandatory innkeeper or bailment legislation.

3. 3. No responsibility for loss, damage or disappearance in storage

   We accept no responsibility if an item goes missing, is mislaid a second time, is stolen, deteriorates, is contaminated, is damaged, is given to the wrong person, is donated, is recycled, or is discarded while it is held by a property or anyone acting for that property, including before, during or after a report has been submitted.

   Properties determine their own retention periods and disposal practices. Perishable, hazardous, illegal, unhygienic or otherwise unsuitable items may be disposed of by the property at any time without notice. Nothing on the Platform obliges a property to keep an item, nor guarantees that any item still exists.

   The record of an item in the Platform is a description supplied by a property or a guest. We do not verify, authenticate, value, inspect or appraise any item, and we make no representation that a described item is the guest's item.

4. 4. No responsibility for loss or damage in transit

   Where a guest chooses shipping, the parcel is packed by the property and carried by an independent carrier under that carrier's own contract, terms and international conventions (including, as applicable, the CMR Convention, the Montreal Convention and national postal regulations).

   LOSTandFOUND.no is not the shipper, consignor, consignee or carrier and has no liability whatsoever for delay, misdelivery, non-delivery, partial delivery, seizure by customs, confiscation, destruction, theft or damage occurring in transit, nor for inadequate packaging, incorrect addressing, prohibited contents, unpaid duties, import restrictions or customs charges.

   Any claim for loss or damage in transit must be pursued against the carrier, or under any insurance taken out by the sender or the guest. We will, on request and where we hold it, provide the tracking reference and the timestamps recorded on the Platform to support such a claim.

5. 5. No responsibility for the condition in which an item is returned

   An item is returned in the condition in which it was found. Wear, ageing, discharge or degradation of batteries, data loss, expiry of medication, spoilage, corrosion, loss of calibration, missing accessories, missing contents and pre-existing damage are not the responsibility of the Platform.

   We accept no responsibility for anything broken, degraded or lost by, or in the possession of, the customer before the item was left behind, nor for consequences arising from the absence of the item during the period it was missing.

6. 6. High-value items, documents and data

   Cash, jewellery, precious metals, watches, art, securities, keys, passports, identity documents, bank cards, prescription medication, firearms, controlled substances, live animals and any item containing personal or confidential data are handled entirely at the owner's risk.

   Guests are strongly advised to cancel cards, revoke credentials, report lost identity documents to the relevant authority and remotely wipe devices immediately, rather than rely on a return. We accept no liability for identity theft, unauthorised access, data breach or financial loss arising from an item that was left behind, stored, shipped or lost.

   Users must not ship items whose carriage is prohibited or restricted by law or by the carrier. Doing so is at the sender's sole risk and responsibility.

7. 7. No warranty of outcome

   The Platform is provided "as is" and "as available". We do not warrant that an item will be found, identified, matched, kept, shipped, delivered on time, or delivered at all; that any property will respond, respond accurately, or act lawfully; or that the Platform will be uninterrupted, error-free or secure against every threat.

   All warranties, conditions and terms implied by statute or common law — including merchantability, satisfactory quality, fitness for a particular purpose and non-infringement — are excluded to the maximum extent permitted by applicable law.

8. 8. Conduct of properties and third parties

   Properties, carriers, charities, payment processors and other third parties are independent. Verification of a property on the Platform means a business document was reviewed; it is not an endorsement, guarantee, certification or assumption of responsibility for that property's acts, omissions, honesty, solvency, staff, premises or security.

   We are not liable for any act or omission of a property or third party, including failure to search, failure to respond, misdescription, misappropriation, discrimination, negligence or fraud.

9. 9. Limitation of liability and financial cap

   To the fullest extent permitted by applicable law, LOSTandFOUND.no, StrandaData and their owners, directors, employees and suppliers shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary loss, nor for loss of profit, revenue, business, opportunity, goodwill, data, sentimental value or the replacement cost of any item, however caused and on any theory of liability.

   Where liability cannot lawfully be excluded, our total aggregate liability arising out of or in connection with the Platform and any single return is limited to the amount of the service fee we actually retained for that return (a maximum of EUR 10), or EUR 100 in aggregate for all claims by the same person in any twelve-month period, whichever is the lower.

   This clause does not exclude or limit liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.

10. 10. Refunds are the guest's primary remedy

    Where a guest has paid for a return and the property does not dispatch the item within 48 hours, the payment is refunded in full automatically. A refund of amounts paid through the Platform is the guest's sole and exclusive remedy against us in relation to a return, and does not constitute an admission of liability.

11. 11. Indemnity

    Each user agrees to indemnify and hold harmless LOSTandFOUND.no and StrandaData against any claim, demand, penalty, cost or expense (including reasonable legal fees) arising from that user's breach of these terms, from a false or fraudulent claim of ownership, from shipping prohibited contents, or from any unlawful act connected with an item.

12. 12. Consumer rights, mandatory law and severability

    Nothing in this document removes, restricts or overrides any right a consumer has under the mandatory law of their country of residence, including the EU Consumer Rights Directive, the Norwegian Consumer Purchases Act, the UK Consumer Rights Act 2015, the Australian Consumer Law and comparable statutes. Where a limitation in this document is unenforceable in a given jurisdiction, it applies to the maximum extent that jurisdiction permits, and the remaining provisions continue in force.

    Some jurisdictions do not allow the exclusion of implied warranties or of liability for incidental or consequential damages, so certain exclusions above may not apply to you.

13. 13. Governing law, disputes and contact

    This document and any non-contractual obligation arising from it are governed by Norwegian law, and the courts of Norway have jurisdiction, save that a consumer may also bring proceedings in the courts of their country of residence and may rely on the mandatory consumer protection rules of that country.

    EU and EEA consumers may use the European Commission's online dispute resolution platform. Complaints and legal notices should be sent to legal@lostandfound.no — StrandaData, Norway.