General Terms and Conditions of other Postal Services Provider DHL INTERNATIONAL d.o.o.
These General Terms and Conditions set out the conditions, manner and procedure for the provision of postal services by DHL International d.o.o. of Utinjska 40, 10020 Zagreb (hereinafter: DHL) as well as a list of other postal services, the territory in which such postal services are to be provided, the time limits for the delivery of postal items, the manner and terms of payment for postal services and the manner of marking postal service payment on the postal item, the responsibility of the postal service provider and indemnification, and the procedure for the resolution of complaints by postal service users, including the procedure for dispute resolution.
The provisions of these General Terms and Conditions of Postal Service Provider (hereinafter: General Terms and Conditions) shall apply to the domestic transport in the Republic of Croatia.
The provisions of these General Terms and Conditions have been adopted in accordance with the Postal Services Act (Official Gazette NN Nos 141/13, 153/13, 78/2015 and 110/19). DHL reserves the right to unilaterally amend these General Terms and Conditions. The amendments to the General Terms and Conditions shall be published in the consolidated text form on the DHL website and on its premises. Any person who has entered into an agreement with DHL who fails to terminate the agreement within 7 days from the date of publication of the amended Terms and Conditions – Terms of carriage shall be deemed to have accepted the Terms and Conditions.
DHL INTERNATIONAL d.o.o. shall provide the following other postal services and supplementary services relating to other postal services under the Postal Services Act:
-Other postal services (DHL Express 9:00, 10:30, 12:00, DHL Express Worldwide, DHL Express Envelope, DHL Import Express 9:00, 10:30, 12:00, DHL Import Express Worldwide, DHL Express Domestic) including the collection, sorting, routing and delivery of postal items in domestic transport, which contain an added value (postal item collection at the service user’s call, the possibility of monitoring the course of carriage and delivery of the postal item on the Internet, the possibility of direct communication with the provider’s employee to issue additional instructions with regard to the postal item delivery, the agreed time of postal item delivery and the postal item delivery confirmed by signature of its receiver).
DHL and the user of other postal services may agree different terms of provision of other postal services than the those set out in these General Terms and Conditions.
The commercial elements of each individual added-value service in domestic transport in the Republic of Croatia, for instance, with regard to the service content, time limits for its delivery and prices, in addition to these General Terms and Conditions, shall also be defined and deemed accepted by the service user by virtue of signing a waybill or delivery note or other documents set out and issued in accordance with these General Terms and Conditions.
When ordering DHL’s services you, as the “Shipper”, agree, on your behalf and on behalf of the consignee of the Shipment (hereinafter: the “Consignee”) and anyone else with an interest in the Shipment, that these Terms and Conditions shall apply.
“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means DHL chooses, including air, road or any other carrier. A “waybill” shall include any Shipment identifier or document produced by DHL or Shipper automated systems such as a label, barcode, waybill or consignment note as well as any electronic version thereof. Every Shipment is transported on a limited liability basis as provided herein. If the Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). “DHL” means any member of the DHL Express Network.
1. Customs Clearance and Regulatory Compliance
Given that such services are provided in addition to postal services, DHL may perform any of the following activities on the Shipper’s or Consignee’s behalf in order to provide services:
(1) complete any documents, amend product or service codes and advance any duties, taxes or other regulatory charges required under applicable laws and regulations (“Customs Duties”), (2) act as Shipper’s or Consignee’s true and lawful agent or designate a customs broker to perform export control and customs clearance and (3) redirect the Shipment to Consignee’s customs broker or other address upon request by any person who DHL believes in its reasonable opinion to be authorised. Shipper or Consignee will provide any extra authorization required by applicable law for DHL to clear a Shipment.
2. Unacceptable Shipments
A Shipment is deemed unacceptable if:
- it contains complete firearms, ammunition, explosives, explosive devices or test pieces, air guns, replica or imitation firearms; counterfeit goods; cash; bullion (of any precious metal); live animals, prohibited animal parts or remains, such as ivory; human remains or ashes; loose precious or semi-precious stones; cannabis or its derivatives; or illegal goods, such as narcotics or other illegal drugs,
- it is classified as hazardous material, dangerous goods, prohibited or restricted articles under ADR (European Road Transport Regulation on dangerous goods) or by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), or other relevant organization (“Dangerous Goods”),
- it contains any other item which DHL cannot carry safely or legally,
- the address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling,
- Shipper, Consignee or any other party with a direct or indirect interest in the Shipment is listed on any applicable sanctions lists as a denied or restricted party.
3. Territory for the provision of other postal services and manner of providing other postal services
DHL International d.o.o. provides other postal services in domestic transport, where the service means the collection of Shipment at the address designated by the Shipper or of Shipment handed over at a DHL Service Point. The collection at the user’s address is made under a Shipper’s special request (by telecommunications or other means) and implies express carriage, Shipment monitoring during carriage, the possibility of direct communication with a DHL employee for the purpose of issuing additional instructions with regard to Shipment delivery, within the time limit agreed between the user and DHL, and Shipment delivery confirmation by signature of the Consignee. Other postal services are delivered at the Consignee’s address to the Consignee in person or to the person authorised to receive Shipments.
If the Shipment cannot be delivered for any reason, a notice of Shipment arrival will be left to the Consignee, requesting the Consignee or the Shipper to provide guidance for Shipment delivery.
4. Deliveries and Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Consignee’s address given by the Consignee (and which in the case of postal services will be deemed the first receiving postal address) but not necessarily to the named Consignee personally. Shipments to addresses with a central receiving area will be delivered to that area.
DHL may notify Consignee of an upcoming delivery or a missed delivery. Consignee may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a DHL Service Point or post office.
If the Shipment is deemed to be unacceptable as described in Section 2, it has been undervalued for customs purposes, Consignee cannot be reasonably identified or located, or Consignee refuses delivery or to pay Customs Duties or other Shipment charges, DHL shall use reasonable efforts to return the Shipment to Shipper. This shall be at Shipper’s cost. If it is not possible to return the Shipment, it may be released, abandoned, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else. DHL shall have the right to destroy any Shipment if DHL is prevented by any law or law enforcement agency from returning it in whole or in part to Shipper, as well as any Shipment of Dangerous Goods, all in accordance with the provisions of the Postal Services Act.
DHL has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
By way of derogation from the provision above, the postal service provider is required to open and inspect a postal item in the presence of at least two persons without Shipper or Consignee consent in the following cases:
1. where the postal item cannot be delivered to the Consignee or returned to the Shipper;
2. where the postal item is reasonably suspected of containing any contents referred to in Article 34 of the Postal Services Act;
3. where the postal item is damaged to the extent compromising its content;
4. where the postal item in international carriage is subject to customs and foreign exchange inspection, in accordance with customs regulations and regulations governing foreign exchange transactions.
In the case referred to in points 2 and 3 of this article, the postal service provider shall make a record of inspection in duplicate, one copy of which shall be given to the Shipper or to the Consignee of the Shipment, or to the competent authority, in accordance with a special regulation.
6. Shipment Charges, Duties and Fees
DHL’s Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by DHL to confirm this calculation.
Payment of Customs Duties and other charges due as indicated on DHL’s website in the receiving country may be requested from Consignee prior to delivery. This includes a fee if DHL uses its credit with the Customs Authorities or pays any Customs Duties on Consignee’s behalf. Shipper shall pay or reimburse DHL for all Customs Duties and other charges due for services provided by DHL or incurred by DHL on Shipper’s or Consignee’s behalf if Consignee has failed to pay.
In accordance with specifically agreed terms of the provision of other postal services, the user and DHL may also agree prices and terms of payment.
7. DHL’s Liability
1. In domestic carriage, the postal service provider shall be liable:
1.1. for any loss of or damage to the Shipment or for its reduced content;
1.2. for exceeding the time limit for transport or delivery of the Shipment;
1.3. for failure to provide the service or to provide it in full.
2. The postal service provider shall not be held liable in the following cases:
2.1. where it proves that the events referred to in paragraph 1 of this article could not have been foreseen, avoided or prevented (force majeure);
2.2. where the Shipper, the Consignee or other authorised person does not file a complaint within the time limit laid down in this Act, or does not file a claim for damages within the time limit laid down in this Act;
2.3. where postal items of the content which is prohibited are involved;
2.4. where the damage occurred as a result of incorrect packing of the Shipment by the Shipper or failure to secure its content or failure to use the appropriate service offered by the postal service provider.
3. The postal service provider shall not be held liable for any loss of profit or for the actual damage which may occur as a result of the loss of, damage to or reduced content of the Shipment, or for exceeding the time limit for its carriage and delivery, as well as for failure of the postal service provider to provide the service or to provide it in full.
4. The postal service provider shall not be held liable for any items delivered within the time limit and in the manner laid down in this General Terms and Conditions of the postal service provider.
5. DHL’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 22 Special Drawing Rights per kilogram (approximately USD 30.00 per kilogram). Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road, when the limits below apply.
For cross-border Shipments transported by road, DHL’s liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 SDR per kilogram (approximately USD 11.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.
If the Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.
DHL’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 7. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to DHL’s attention.
7.1. Damage Compensation
(1) The Shipper or other authorised person may, within 30 days from the receipt of the upheld complaint referred to in Article 54(4) of the Postal Services Act or accepted objection referred to in Article 54(5) of the Act or Agency decision referred to in Article 54(7) of the Act ruling in favour of the postal service user, file a claim for damages to the postal service provider.
(2) The postal service provider shall pay indemnification for items in domestic transport to the Shipper or other authorised person as follows:
2.1. for loss or total damage:
a) five times the amount of the postal service fee charged,
2.2. for partial damage or reduced content:
a) the amount corresponding to the actual value of the damaged or reduced Shipment content, but not more than five times the amount of the postal service fee charged,
3. for exceeding the time limit for the transport and delivery of item – three times the amount of the postal service fee charged.
(3) Where the postal service has not been provided, the postal service provider shall reimburse the postal service fee charged.
(4) In the cases referred to in paragraph 2 of this article, the postal service provider shall, in addition to indemnification, also reimburse the postal service fee charged.
(5) In addition to indemnification and reimbursement of the postal service fee, the postal service provider shall pay to the Shipper or other authorised person default interest running from the date of claim filing.
(6) If the postal service provider fails to pay indemnification to the Shipper or other authorised person within 30 days from the date of the filing of the claim referred to in paragraph 1 of this article, the Shipper or other authorised person may be granted indemnification in court proceedings.
(7) If the lost Shipment or its part is found after indemnification has been paid, the postal service provider shall inform the Shipper or other authorised person accordingly.
(8) The Shipper or other authorised person requesting the delivery of a subsequently found Shipment shall reimburse to the postal service provider any indemnification paid. Failing that, the postal service provider has the right to destroy the Shipment or sell its content.
(9) The indemnification in international transport shall be subject to the acts of the Universal Postal Union.
7.2. DHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. DHL is not liable for any damages or loss caused by delay,
but for certain Shipments, the Shipper may be able to claim limited delay compensation under the Money Back Guarantee terms and conditions available on the DHL website (www.dhl.com) or from DHL Customer Service.
8. Shipment Insurance
The service user may make own arrangements for Shipment insurance covering its actual cash value and any loss or damage, taking into consideration physical damage to the Shipment.
9. Circumstances Beyond DHL’s Control
The postal service provider shall not be held liable in the following cases:
1. where it proves that events (loss of, damage to or reduced content of the Shipment, exceeding the time limit for its carriage and delivery, where the service has not been provided or provided it in full) could not have been foreseen, avoided or prevented (force majeure);
2. where the Shipper, the Consignee or other authorised person does not file a complaint within the time limit laid down in this Act, or does not file a claim for damages within the time limit laid down in this Act;
3. where postal items of the content which is prohibited are involved;
4. where the damage occurred as a result of incorrect packing of the Shipment by the Shipper or failure to secure its content or failure to use the appropriate service offered by the postal service provider.
DHL is not liable for any loss or damage arising out of circumstances beyond DHL’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to DHL; any act or omission by a person not employed or contracted by DHL - e.g. Shipper, Consignee, third party, customs or other government official; third party cyber-attacks or other information security related threats; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, epidemic, pandemic, civil commotion, or industrial action.
10. International Conventions
Where the Shipment is carried by air and its carriage requires a final destination or stopover in a country other than the country of origin, where applicable, the Montreal Convention or the Warsaw Convention shall apply. International transport by road may be subject to the CMR Convention. Such conventions shall limit DHL’s liability for loss or damage.
11. User Complaints and Dispute Resolution Procedure in Respect of Shipments in Croatian Internal Transport
Complaints of postal service users
(1) Any complaints by postal service users in the event of loss of a postal service item, exceeding of the time limit for its carriage and delivery or in the event of failure of the postal service provider to provide the service or to provide it in full may be filed in writing to the postal service provider within three months from the day of submission of the item in national transport.
(2) A complaint in the event of damage or reduced content of the postal item must be filed by the Consignee or other authorised person immediately upon delivery of the postal item concerned.
(3) By way of derogation from the provision of paragraph 2 of this article, a complaint concerning damage or reduced content of the postal item may be filed after the item has been delivered only if the Consignee encloses proof that the damage or reduced content of the item has not occurred after its delivery.
(4) The postal service provider shall send a written response to the postal service user about the grounds of the complaint submitted not later than 30 days from the date of receiving the complaint in domestic transport.
(5) The postal service user has the right to issue an objection (complaint) to the written response of the postal service provider and file it to the consumer complaints commission of the postal service provider within 30 days from the date of delivery of the written response. The postal service provider’s consumer complaints commission shall send a written response to the postal service user within 30 days from the date of receiving the objection.
12. Dispute Resolution Between Users and Providers of Postal Services
(1) In the event of a dispute between the user and the provider of postal services in respect of the handling of the complaint referred to in the preceding article, the postal service user may apply for dispute resolution to the Agency within 30 days of the date of delivery of the written response provided by the consumer complaints commission referred to in Article 54(5) of the Postal Services Act. The limitation period in respect of the contested claim shall be stayed for the course of dispute resolution before the Agency.
(2) Over the entire course of dispute resolution procedure referred to in paragraph 1 of this article, the Agency shall take due care of its subject-matter jurisdiction ex officio. Where in the procedure of dispute resolution the postal service user institutes legal action before the competent court on the same factual and legal grounds, there will be no longer be any need for dispute resolution procedure before the Agency.
The postal service provider shall participate in dispute resolution procedures referred to in paragraph 1 of this article and cooperate fully with the Agency to resolve the dispute, and shall also submit to the Agency all any information, documentation and responses which might be necessary.
13. Shipper’s Representations, Warranties and Indemnities
Shipper shall indemnify and hold DHL and its directors, officers, employees and agents harmless from and against all and any liabilities, losses and damages arising out of Shipper’s failure to comply with the following warranties and representations:
- the Shipment is acceptable for transport under Section 2 above,
- the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to DHL,
- Shipper has complied with applicable export control, sanctions, customs laws and regulations or other applicable regulatory requirements and restrictions related to the import, export, transit or transfer of goods,
- Shipper has declared to DHL any controlled dual-use or military goods subject to government authorizations contained in the Shipment,
- Shipper has provided all information, permits, licenses or other government authorizations and documents, as required by applicable law or upon request from DHL, and all information, permits, licenses or other government authorizations and documents provided by Shipper or its representatives are true, complete and accurate, including the value and description of the goods and Shipper and Consignee information,
- when providing personal data to DHL, Shipper has complied with its legal obligations to process and share this data, including informing the affected individuals that personal data, including Consignee’s email address and mobile phone number, is required for transport, customs clearance and delivery.
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
15. Governing Law
A court in Zagreb shall have jurisdiction over all matters.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
17. Entry into Force
These General Terms and Conditions shall be in force and effect as of 15.09.2021. They have been submitted to HAKOM and made available at DHL Service Points as well as on the DHL website (www.dhl.hr).
For DHL International d.o.o.
Srebrenka Saks, Member of the Management Board