GENERAL TERMS AND CONDITIONS OF OTHER POSTAL SERVICES PROVIDER DHL INTERNATIONAL d.o.o.
1. Customs Clearance and Regulatory Compliance |
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 |
4. Deliveries and Undeliverables |
5. Inspection |
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:
- where the postal item cannot be delivered to the Consignee or returned to the Shipper;
- where the postal item is reasonably suspected of containing any contents referred to in Article 34 of the Postal Services Act;
- where the postal item is damaged to the extent compromising its content;
- 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 |
7. DHL’s Liability |
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.
2.1. 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.
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.
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) 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 and according to the DHL Express Terms and Conditions of Transportation in International Traffic.
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 |
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 |
12. Dispute Resolution Between Users and Providers of Postal Services |
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 aretrue, 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.
14. Routing |
15. Governing Law |
16. Severability |
17. Entry into Force |
Srebrenka Saks, Member of the Management Board