DHL Express Terms and Conditions of Carriage
("Terms and Conditions")
When ordering DHL's services you, as "Shipper", are agreeing, on your behalf and on behalf of the consignee of the Shipment ("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 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|
|2. Unacceptable Shipments|
- 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. Deliveries and Undeliverables|
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Consignee's address given by Shipper 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.
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.
|5. 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.
|6. DHL's Liability|
6.1 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 $US 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 Special Drawing Rights per kilogram (approximately $US 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 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.
DHL's liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 6. 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.
6.2 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, Shipper may be able to claim limited delay compensation under the Money Back Guarantee terms and conditions.
|8. Shipment Insurance|
|9. Circumstances Beyond DHL's Control|
|10. Shipper's Representations, Warranties and Indemnities|
- 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.
|12. Governing Law|
|Addendum to DHL Express Terms and Conditions of Carriage|
This Addendum to the DHL Express Terms and Conditions of Carriage of DHL Express Hungary Ltd. (hereinafter referred to as “the Addendum’) defines the terms and conditions of using postal and non-postal express delivery services – and any related or additional services – as well as the rights and obligations of the contracting parties, together and in accordance with the DHL Express Terms and Conditions of Carriage and the DHL Domestic Standard Terms and Conditions of Carriage.
The Addendum is based on the following legal instruments: Act CLIX of 2012 (the “Postal Services Act”); Government Decree 335/2012 (XII. 4.) (“Govt. D.”) 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; other relevant laws and the provisions of the Civil Code. The current text of the Addendum is made available by DHL Express Hungary Ltd to its Customers at all branches, shipment collection points and the corporate website. 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 disputes not covered by the present Addendum shall be governed by the provisions of the effective Hungarian laws, official regulations and promulgated international treaties considered relevant to the activities of DHL Express Hungary Ltd. as Service Provider.
The Addendum shall apply to DHL Express Hungary Ltd. within the territory of Hungary, and all customers using its services.
This Addendum shall prevail together with the DHL Express Terms and Conditions of Carriage and the Domestic Standard Terms and Conditions of Carriage included in Annex 1.
DHL Express Hungary Ltd. (hereinafter referred to as “DHL”), registered by the Company Registry Court of Budapest Capital Regional Court under Registration nr.: 01-09-060665, is a company 100% owned by Deutsche Post Beteiligungen Holding GmbH and Deutsche Post International B.V.
Corporate Seat: 1185 Budapest, BUD International Airport 302. building
For a list of all branches operated by DHL, please see Annex 2.
National Media and Infocommunications Authority
Address: H-1015 Budapest, Ostrom u. 23-25.
Mailing address: H-1525 Budapest, Pf. 75
Phone: +36 1 457 7100
Fax: +36 1 356 5520
National Transport Authority
Address: H-1066 Budapest, Teréz krt. 38.
Mailing address: 1389 Budapest, Pf. 102
Phone: 06 1 373 1400
Fax: 06 1 332 6532
Postal services: DHL EXPRESS DOMESTIC, DHL EXPRESS WORLDWIDE, DHL EXPRESS WORLDWIDE IMPORT, DHL ECONOMY SELECT, DHL ECONOMY SELECT IMPORT, DHL GLOBALMAIL BUSINESS, DHL SAME DAY SPRINTLINE, DHL SAME DAY SECURELINE, DHL EXPRESS EASY
Non-postal services: DHL Express does not offer services deemed as being non-postal by the Postal Services Act.
Additional services: shipment insurance, certified proof of delivery, remote area service, weekend delivery, special customs services, duties and taxes paid service, neutral delivery service, transportation of dangerous goods, handling overweight pieces and oversized pieces, special shipment collection and delivery, handling undeliverables, re-invoicing, printed invoice, collection order, cash on delivery, document management, packaging materials and packaging service, online tracking of shipments, time definite delivery (by 09:00, 10:30 or 12:00). The availability of additional services may vary according to the type of service.
Size and weight limits for shipments: The rules for these limits are available in electronic format at the following webpage: http://www.dhl.hu/en/express. They are also available in print at DHL locations and DHL can send them by post based on Customer requests.
Regulations concerning the content and placement of the mailing address of the shipment:
Collection of shipments by DHL is dependent on a valid and current waybill. To execute services according to the contract, the waybill must contain the following information: 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 identification (when available).
The waybill is only valid if properly signed by the Shipper (in the case of business associations, an authorized signature is necessary). When shipping from a DHL Express Service Point or Express Center, by signing the waybill the Shipper certifies all information included on the waybill is complete and accurate.
Service level statement: the maximum rate of lost or destroyed shipments: 1%, the 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: http://www.dhl.hu/en/express. They are also available in print at DHL locations and DHL can send them by post based on Customer requests.
The customer of DHL is a natural or legal person, or other organization, who/which, under this Addendum or any other specific contractual terms, uses the services rendered by DHL Express Hungary Ltd., or establishes connection with it without entering into a contractual relationship.
When ordering DHL’s services, a natural or legal person, 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.
1. CONTRACT – ESTABLISHMENT, AMENDMENTS AND TERMINATION
1.1. Establishment of the Contract
A service contract is established if any of the following applies:
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.
1.2. Refusal of the Contract
DHL is obliged to withhold the conclusion of the service 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 an object or substance classified – by a Government Decree – as unacceptable for transportation or as subject to conditional transportation;
the shipment does not meet the packaging requirements specified by DHL
DHL is entitled to refuse the service if the conditions deemed necessary for the provision of the service are not met for reasons outside the scope of activity of DHL.
1.3. Amendment of the Contract
Amendments by the Shipper
The Shipper may require the modification of the mailing address, as well as a modification in the additional services. DHL must be advised in writing of any such request, with reference to the waybill number verifying the acceptance of the shipment for transportation. DHL will make all necessary arrangements to fulfil the requirement, but shall not be held liable for damages in the event of failing to do so.
Amendments by the Receiver
A domestic Receiver may only initiate the modification of the mailing address by providing the waybill number and the accurate particulars of the person, requesting the modification. DHL records the request in writing or through DHL On Demand Delivery (ODD) system and acts accordingly, provided the shipment is not yet out for delivery. If the shipment is already out for delivery, DHL shall attempt the modification of the mailing address the following business day. DHL shall not be held liable for damages in the event of failing to do so.
In accordance with Art. 16. § Par. 4 of the Postal Services Act, according to the Receiver’s request DHL is entitled to deliver the shipment to the Receiver’s neighbor if the Receiver is not available at the time of the delivery.
Amendments by DHL
In the case of customers holding a permanent contract (DHL Express account number), DHL reserves the right to review the weight of the shipment identified at the time of collection, reweigh using a certified instrument and amend accordingly.
1.4. Termination of the Contract
The service contract shall be terminated upon the successful completion of the service undertaken. The Contract shall also be terminated if the shipment is deemed undeliverable, in the event that:
- 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.
2. INQUIRIES, COMPLAINTS, CLAIMS
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 raise any concerns, or lodge a claim relative to DHL’s services either verbally (by calling 06 1 2 45 45 45), or in writing (post, fax, e-mail, the website of DHL Express Hungary Ltd.) to Customer Services, as well as in person at DHL’s shipment collection points, pursuant to the relevant effective Laws.
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 behavior, the limitation period is thirty (30) days from learning about such an activity or behavior, 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 will make every reasonable effort to ensure that the complaint is handled and answered as soon as possible, but no later than within 30 days from submission. 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 a log of incoming written complaints and their settlement, an annual report on which is presented to the National Media and Infocommunications Authority by no later than March 31st of the following year. This report is also published on the corporate website.
C. Making claims
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 the partial loss or damage of the shipment is not visible from the outside of the packaging, it shall be reported to DHL Customer Services in writing (post, fax or e-mail), or registered in writing at DHL’s central office (1185 Budapest, BUD International Airport 302. building) with a limitation period of three (3) days from delivery.
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.
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 learns about the loss or destruction of shipment through complaint management, and DHL’s reply is received by the Customer less than 30 days before the end of the limitation period, the limitation period is automatically extended by 30 days from receiving the reply.
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 the extent of the claim, it sends a written reply to the claimant, stating the reasons for doing so, describing the regulations governing claims and informing the claimant that Act CLV of 1997 on consumer protection entitles them to initiate a legal dispute at an arbitration board.
If the claimant made their announcement, report or claim to DHL according to the rules and within the limitation period described in this chapter, and the claim was either disputed by DHL or it was deemed justified by DHL but reimbursement was not completed within 60 days of delivering the notification thereof, claimant hall be entitled to make their claim in the courts, with a limitation period of one year from the collection of the shipment. The period of the arbitration that is initiated by a consumer legal dispute is excluded from the limitation period.
The Customer is charged for using DHL’s services. The transportation charge is calculated based on the country of destination, and the content, size and weight of the shipment. In addition to the charge thus calculated, additional payment is due for additional services.
The charges in effect for basic, custom and additional services are found in the Published Tariffs (Appendix Services and Tariffs in effect).
DHL advises Customers of any changes effected in the service charges by publishing them at Service Point outlets, on the website of DHL Express Hungary Ltd. or via post and/or e-mail, 15 days in advance.
Methods of payment
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 the payment by the deadline, DHL Express Hungary Ltd. shall be entitled to a default interest for the late payment period pursuant to Section 6:155 of the Civil Code.
In this case, DHL may impose on the Customer all legal and other costs incurred during the course of the recovery of the debt.
Should the Customer fail to settle the 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 services at full price as per the tariffs in effect.
Failure by the Customer to meet the payment obligation will be considered as a severe breach of contract and may result in the immediate termination of the services being rendered.
Payment in Cash
Transportation charges may be settled in cash at the time of shipment collection, or by credit card at a Service Point outlet or in a DHL office.
Payment by Third Party
Responsibility for the transportation charges may be assumed by a Third Party, but only in the case of a standard Import Express service. This payment method is offered only to customers holding a DHL account number. In such cases, DHL requires the Customer to complete a declaration of liability in which the Shipper agrees to assume responsibility for all transportation charges in the event of the Third Party refusing to do so.
On the basis of a separate agreement or offer, DHL may grant payment conditions and prices more favorable than those incorporated in the tariffs in effect to customers frequently sending larger volumes of shipment.
4. DATA PROTECTION REGULATIONS
In accordance with the Postal Services Act, DHL acts as a data handler, using the data acquired during the provision of its services and forwarding them when it is stipulated by law or made possible by the prior, appropriate and voluntary consent of the data owner. The objective of data handling related to the services described in these Standard Terms and Conditions is the execution, settlement, proof and subsequent review of services, as well as provision of data to the authorities and for other reasons stipulated by 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.
October 17, 2016