General Terms and Conditions for Postal Services and Domestic Express Terms and Conditions of Carriage in a Consolidated Structure (hereinafter: PSGTC)
1. Introduction |
a) Postal Services Act: Act CLIX of 2012 on Postal Services.
b) Government Decree: Government Decree No. 335/2012 (XII.4.) on the provision of postal services and on the detailed rules of the provision of postal services, postal services related to official documents, the standard terms and conditions of postal service providers and shipments excluded from postal services, as well as conditional shipments.
c) Civil Code: Act V of 2013 on the Civil Code.
d) Service Provider or DHL: DHL Express Magyarország Szállítmányozó és Szolgáltató Kft. (company registration number: 01-09-060665; registered office: H-1185 Budapest BUD International Airport, Building 302; tax number: 10210798-2-44
e) Customer: A DHL customer is a natural or legal person, a business association without legal personality, or other organisation, who/which, under these PSGTC or any other specific contractual terms and conditions, uses the services rendered by DHL or establishes a relationship with DHL without a contractual relationship. When ordering DHL’s services, a natural or legal person, a business association without legal personality, or other organization indicated on the waybill as Shipper is regarded as being Customer. If the service is invoiced using a “VAT invoice”, the customer included in the invoice is considered to be the Customer, even if the waybill contains a different Shipper.
f) Terms and Conditions of Carriage The Terms and Conditions of Carriage of DHL, which are available at the following link: https://mydhl.express.dhl/hu/en/legal/terms-and-conditions.html
g) Postal shipment: A shipment as per Section 2(35) of the Postal Services Act.
h) Postal service: The services provided by DHL defined as postal services in these PSGTC.
i) HSTCC (MÁSZ): The Hungarian Standard Terms and Conditions of Carriage, the current version of which is available on the website of the Association of Hungarian Forwarders.
The purpose of these PSGTC is to define, in conjunction with and in accordance with the DHL Express Terms and Conditions of Carriage, the general terms and conditions governing the use of express delivery services – and related ancillary services provided – within and outside the scope of postal services, as well as the rights and obligations of the contracting parties.
These PSGTC apply to all activities and services provided in accordance with any framework agreement or agreement between DHL and the Customer that relate to road shipping within Hungary. Activities refer to the handling, storage and transport of goods to the Receiver specified by the Customer. DHL selects the type of shipping, route and means of transport at its own discretion, taking into account the interests of the Customer. DHL is entitled to provide the services through subcontractors.
The postal services specified in the PSGTC are provided by the Service Provider as postal services.
The PSGTC are drawn upon the basis of the Postal Services Act, the Government Decree, other applicable legal regulations, and the provisions of the Civil Code.
The current text of the PSGTC is made available by the Service Provider to its Customers at all branches, shipment collection points and on its website (https://mydhl.express.dhl/hu/en/legal/terms-and-conditions.html). The company publishes the amendments on its website and simultaneously makes them available at its branches, at least 15 days prior to becoming effective. Any and all issues not regulated by the PSGTC are governed by the provisions of the effective Hungarian laws, official regulations and promulgated international treaties considered relevant to the activities of the Service Provider.
National Media and Infocommunications Authority
Address: H-1015 Budapest, Ostrom u. 23-25.
Mailing address: H-1525 Budapest, Pf. 75
Phone: 06 1 457 7100
Fax: 06 1 356 5520
Email: info@nmhh.hu
2. Services provided by the Service Provider |
The currently effective list and details of additional services are available at the following link: https://mydhl.express.dhl/hu/hu/ship/optional-services.html.
The additional services indicated at the link above are additional services related to the collection, sorting, processing, transport or delivery of postal shipments, which are undertaken in the postal service contract and which the Service Provider provides as part of the postal service, either on the basis of specific instructions from the Shipper or as part of a postal service package.
3. Size and weight limits for postal shipments |
4. Excluded shipments |
The Shipper represents that the shipment is suitable for forwarding, and concurrently acknowledges the right of DHL to refuse transportation of non-postal shipments for, including but not limited to, the following reasons:
a) The value of the shipment, expressed in Hungarian forints, exceeds the equivalent of EUR 50,000 (fifty thousand euros).
b) The shipment contains complete firearms, ammunition, explosives, explosive devices or test pieces, air guns, replica or imitation weapons; counterfeit goods; cash; bars of any precious metal; live animals, prohibited animal parts or remains (e.g., ivory); human remains or ashes; cut precious stones or semi-precious stones; marijuana and its derivatives; or illegal goods, narcotics or other illegal substances.
c) If the goods contained therein are classified as dangerous goods, prohibited or restricted items by the ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road), by ICAO (International Air Transport Association), or by any other organisation (Dangerous Goods).
d) The shipment contains other items that DHL cannot safely or legally ship.
e) The address is incorrect or not clearly indicated, or the packaging of the shipment is faulty or inadequate, and therefore safe transport cannot be guaranteed under normal handling conditions.
f) The Shipper, the Receiver or any other party with direct or indirect interest vested in the Shipment is listed as a prohibited or restricted party on any applicable sanctions list.
5. Rules on the data content of postal shipment addresses and their indication |
Postal shipments are accepted by DHL against the valid and current shipping document (waybill), which must contain the following mandatory data necessary for the contractual performance of the service:
Details of the Payer (person, account number or other method of payment), details of the Shipper (account number, name of contact person, company name, address, post code, telephone number or e-mail address), details of the Receiver (company name, delivery address, post code, country, name of contact person, telephone number or e-mail address), details of the Shipment (number of pieces, total weight, size, content and quantity), selected basic service, Shipper statement (signed and dated).
Based on the type of service required by the Customer, the following information may also be required on the waybill:
Shipment insurance and value (if applicable), Customs requirements (if applicable), Additional services (if applicable), Shipper reference or other identifier (if available).
The waybill is only valid if properly signed by the Shipper (in the case of business associations, an authorized signature is necessary). In the case of in-person dispatch, the Shipper acknowledges – by signing the transport document – that they have verified the accuracy of the data contained therein.
6. Statement on the quality of postal services |
Maximum rate of lost or destroyed shipments: 1%, maximum rate of damaged shipments: 1%.
In the case of international postal shipments, the regulations governing existing import restrictions in the delivery and transit countries are available at the following webpage: https://mydhl.express.dhl/hu/en/help-and-support.html#/shipping_advice. They are also available in print at DHL locations and DHL can send them by post based on Customer requests.
7. Conclusion, amendment and termination of the postal service contract (hereinafter: Contract) |
Cases in which the Contract is concluded:
- The shipment is picked up by the service provider against a waybill signed by both parties;
- The shipment that is dropped in one of the shipment collecting boxes provided by the service provider is collected from the box, and the time of collection is confirmed by a written signature;
- There is a written contract, agreement, offer or order, signed by both parties
Unless otherwise agreed by the Parties, the transportation charge shall be settled at the time of collecting the shipment.
DHL shall refuse the conclusion of the Contract if:
- it is unlawful or contrary to international agreements;
- the content of the shipment clearly endangers human life, health or the environment;
- the shipment contains items or materials that are excluded from transport or subject to conditions (and do not meet these conditions), as specified in the Government Decree;
- the shipment does not meet the packaging requirements specified by DHL.
In addition to the above, DHL is entitled to refuse to provide the service if, for reasons beyond its control, the conditions necessary for the performance of the service are not met.
The Contract is terminated upon the successful completion of the service undertaken. The Contract also terminates if the shipment is deemed undeliverable. Such cases are:
- The shipment cannot be delivered or returned to the Shipper, for reasons beyond DHL’s control;
- The Shipper waives the return of and orders the destruction of the shipment;
- The transportation charge has not been settled.
Unless otherwise instructed by the Shipper, DHL stores undeliverable shipments for a period of 6 months and then destroys them.
The Contract shall be terminated if DHL learns about any information which by nature results in refusing to execute the Contract.
The Contract shall also be terminated upon the Shipper claiming the shipment back prior to its departure from the country of origin. In such cases DHL will refund the transportation charge.
8. Delivery of postal shipments |
If the authorised Receiver is not present at the address at the time of attempted delivery, DHL, pursuant to Section 16(4) of the Postal Services Act, consider the immediate neighbour at the address to be authorised to accept the shipment as a temporary recipient, provided that the Receiver consents thereto.
In the case of postal shipments, DHL returns the shipment to the shipper after the second unsuccessful delivery attempt.
If the shipment is undeliverable for reasons beyond DHL’s control, DHL returns the shipment to the shipper and imposes on the shipper all related costs.
Shipments that cannot be returned to the shipper are stored by DHL for three months from their collection, and may be subsequently destroyed or – in the event that the goods have commercial value – may also be sold. Shipments that cannot be returned may be opened immediately by DHL, if their content is likely to be perishable or dangerous.
9. Liability of the Service Provider |
In the event of destruction or total loss of the postal shipment, DHL refunds the Customer the full shipping charge and a flat-rate compensation amount equal to fifteen times the total shipping charge. In the event of partial loss or damage to the postal shipment, the flat-rate compensation is determined in proportion to the total value of the postal shipment and the damage incurred.
In the event of late delivery of time definite postal shipments or attempted late delivery, DHL pays compensation equal to twice the charge paid for the time definite postal shipment service.
DHL’s liability for all shipments, with the exception of postal shipments, is limited to their current monetary value which, contrary to the amounts specified in Section 6 of the Terms and Conditions of Carriage, may not exceed USD 30,000 (that is thirty thousand US dollars) per shipment.
If the customer explicitly wishes to use a time definite Domestic Express service, they can use it as a unique, special service. The following provisions apply to late delivery or attempted late delivery in connection with time definite services:
For shipments not covered by the Postal Services Act, the compensation is limited to the charge paid for the service and the fuel-surcharge calculated on the basis thereof. The warranty does not cover other costs and requests, including but not limited to the following: fines, taxes or any additional costs, and the cost of returning the shipment to the shipper.
10. Shipment insurance |
11. The Customer's user rights and obligations regarding delivery |
DHL Customer Services provides information free of charge to the Customer and anyone authorized by the Customer about the execution of the services rendered by DHL within 1 month from the business day following the day of collection.
The Customer may submit comments regarding DHL’s services verbally (by telephone at 06 1 245 4545) or in writing (by post, fax, email and on the DHL website) to Customer Services or in person at DHL shipment collection points in accordance with legal regulations.
Only those applications shall be regarded as complaints, where the Customer claims that the service provided by DHL, or the work done by a DHL staff member, does not meet the statutory requirements or those included in DHL’s regulations. The complaint may be aimed at the infringement of individual rights or interests. No inquiry initiated by the Customer with the purpose of obtaining accurate information about the forwarding and delivery of a shipment shall be considered as a complaint.
Complaints related to the shipment may be made within a limitation period of six (6) months from the day of collection. In case of a complaint pertaining to an activity or behaviour, the limitation period is thirty (30) days from learning about such an activity or behaviour, but no later than six (6) months from the occurrence thereof.
Complaints can be made to DHL Customer Services by telephone or in writing, or through the website www.dhl.hu. In addition, Customers are entitled to write their complaints in the “Customers’ Book” that is made available at our customer service locations; the service provider treats these complaints as written complaints, registering and investigating them accordingly.
DHL investigates all complaints and makes every effort to resolve and respond to complaints as soon as possible, but no later than 30 days after the complaint is submitted. Complaints are settled individually on the basis of the contract between the Customer and DHL.
After investigating the complaint, DHL notifies the Customer in writing, without delay in the case of domestic services, and within 15 days from receiving information from the appropriate source abroad in the case of international services.
If the complaint is rejected, the Customer always receives a detailed explanation in writing.
DHL keeps records of complaints received in writing and the manner in which they were handled, and reports this to the National Media and Infocommunications Authority once a year, by March 31 of the year following the current year, together with the service provider data report, and publishes the report on its website.
Claims may only be made by the payer (that is, the shipper in the case of domestic and export shipments, and the customer in the case of import shipments) unless the payer assigns this right to another party in writing.
A partial loss or damage of the shipment – if it is visible from the outside of the packaging – shall be reported by the receiver immediately upon delivery to the courier making the delivery and it shall be recorded in the delivery documents. Failing to do so forfeits the rights to any claims made later. If partial loss or damage to the shipment is not apparent from the outside, it must be reported to DHL Central Customer Service in writing (by post, fax or email) by the peremptory deadline of three (3) business days from delivery and recorded in writing at DHL Customer Services (H-1185 Budapest BUD International Airport, Terminal 1, DHL Building 302).
Claims related to a delayed delivery of time definite shipments shall be made to DHL Customer Services in writing (post, fax or e-mail), with a limitation period of fifteen (15) days from delivery. In addition, the Customer shall provide DHL with all relevant information, including the account number (if the Customer has one), the waybill number, the date of dispatch and the details of the receiver. In accordance with this Section, DHL notifies the Customer within 30 calendar days after the Customer has reported the delayed delivery. The provisions of this Subsection do not apply to domestic services used as non-guaranteed delivery time services.
Claims related to lost or destroyed shipments shall be made to DHL Customer Services in writing (post, fax or e-mail), with a limitation period of six (6) months starting on the fifteenth (15th) day after the collection of the shipment. If DHL becomes aware of the loss or destruction of a shipment through the complaints handling process and the response provided by DHL is received less than 30 days before the claims enforcement deadline, the claims enforcement deadline is extended by 30 days from the date of receipt of the response.
DHL investigates and assesses all claims and notifies the claimant on the results in writing, within 30 days from the submission of the claim.
If DHL deems the claim justified, the notification will contain, along with the statement of this fact, the expected date of the settlement of the claim, which cannot be later than 60 days after the date of the notification.
If DHL disputes the legal basis or rate of the claim for compensation, it sends a written justification to the claimant, stating the rules governing compensation and concurrently informing the claimant that, pursuant to Act CLV of 1997 on Consumer Protection, the consumer may refer the dispute to a conciliation body.
If the claimant has submitted the notification, report or claim to DHL in the manner specified in this Section and by the peremptory deadline specified therein, and DHL has disputed the claim for compensation or has not paid such compensation within 60 days of receiving the information establishing its substantiation, the claimant may enforce their claim for compensation in court by a peremptory deadline of one year from the date of dispatch of the shipment. The period of the arbitration that is initiated by a consumer legal dispute is excluded from the limitation period.
DHL is not liable for damages to shipments caused by reasons beyond DHL’s control (Section 9(5)(3.2) of the HSTCC).
12. Methods of payment of postal service charges |
The Customer may use DHL’s postal services against a charge. The service charge depends on the country of destination, the contents of the shipment, as well as its size and weight. The charge thus determined is increased by the charge for any additional services used.
The current rates for basic, special and additional services are set out in the Published Tariffs (annexed to DHL’s current Services and Tariffs brochure).
DHL notifies Customers of any changes effected in postal service charges by publishing them at Service Point outlets, on its website or via post and/or email, 15 days in advance of such change.
Transportation charges may be settled via bank transfer provided an Account Opening Form (Annex 3) has been completed, or a written agreement has been entered into with DHL.
DHL issues an itemized invoice to the Customer on the execution of service. In the case of an Account Opening Form signed by both Parties, the invoice is issued on a weekly basis, in the case of a written agreement entered into with DHL, the invoice is issued either weekly or monthly. The Customer shall transfer the value of the invoice to DHL no later than the payment deadline indicated on the invoice.
Should the Customer fail to settle payment by the deadline, DHL is entitled to default interest for the late payment period pursuant to Section 301/A of the Civil Code.
In such cases, DHL may charge the Customer for all legal and other costs incurred in collecting the debt.
Should the Customer fail to settle payment by the deadline, DHL reserves the right to revoke the discount stipulated by the written agreement held with the Customer, and to invoice future postal services at full price as per the tariffs in effect.
Failure by the Customer to meet the payment obligation is considered as a severe breach of contract and may result in the immediate termination of postal services rendered.
A Customer registered as a contractual customer (hereinafter for the purposes of this Section: Customer) is entitled to send DHL DOMESTIC EXPRESS shipments with the cash on delivery option.
As a rule, such shipments can only be released to the Receiver against the payment of the cash on delivery amount set by Customer. The cash on delivery amount to be collected is limited to 1,500,000 HUF (one million five hundred thousand forints) per shipment.
Cash on delivery payment can only be made in cash by the Receiver. The cash on delivery amount to be collected shall be legibly marked in HUF on the waybill or the delivery document and the accompanying documents. Subsequent alteration of the cash on delivery amount is not possible.
The cash on delivery amount is transferred within 5 business days. The shipment can only be released to the Receiver once the cash on delivery amount has been successfully transferred from the Receiver to DHL.
Failure to collect cash on delivery does not put DHL in the debt of the Customer; all liabilities shall remain with the Receiver. DHL, however, shall make up to 3 attempts to collect the cash on delivery amount.
If the shipment cannot be released or the cash on delivery amount cannot be collected from the Receiver, DHL tries to obtain written instructions from the customer regarding further actions. If this is not possible, the shipment shall be returned to the Customer and the Customer shall be responsible for any related charges.
In such cases the Customer shall be liable for all costs incurred and shall indemnify DHL for all claims incurred in connection with the conveyance.
Incomplete Domestic Express shipments shall be delivered only according to written instructions from the Customer with the full cash on delivery amount being collected.
13. Data Protection Regulations |
In accordance with the Postal Services Act, DHL acts as controller, using the data acquired during the provision of its services and forwarding these when stipulated by law or made possible by the prior, appropriate and voluntary consent of the data subject. The purpose of processing in connection with the services specified in these PSGTC is to perform the service, the accounting, verification and subsequent checking of performance, as well as to report data to authorities and for other reasons specified in the Postal Services Act. Unless the Law or the data owner states otherwise, DHL stores such data until the end of the calendar year following the year of the collection of shipment, and then it destroys the data. Within this framework, and in the interest of reaching the objective of the aforementioned data handling, DHL shall be entitled to forward data to other data handlers or data processors located in third countries.
DHL only asks for customer data that are necessary for the provision of its services. DHL may only learn about the content of the shipment to the extent allowed by the Postal Services Act.