1 Application
/ contractual relationship
1.1 These
General Terms of Business for Pegasus Courier (DPD) apply to all
contracts relating to the arrangement of transport services for
parcels and the shipment of such parcels, even where they are
subject to shipping exclusions, unless other mandatory statutory
provisions take precedence.
1.2 The
contracting parties are the principal and the DPD system partner
(Pegasus) who accepts the order to arrange for the transport of the
parcels and to ship them. Shipping will be effected through the
DPD’s transport system and third parties commissioned for this
purpose. The contract becomes effective at the latest when a parcel
is accepted for shipment.
2 The
parcel
2.1 Parcels
with the following weights and dimensions will be accepted for
shipment:
Max. weight: 31.5 kg
Max. length: 175 cm
Max. circumference + length: 300
cm
(circumference = 2 x height + 2
x width)
2.2 The
principal is solely responsible for ensuring adequate interior and
exterior packing and correct marking of the parcel. Transport
requires packing of a kind that will sufficiently protect the goods
from the stresses caused by automatic sorting equipment, varying
climatic conditions where applicable and mechanical handling
(minimum height of fall diagonally from 80 cm). It must not be
possible to gain access to the contents of the parcel without
leaving a trace.
3 Articles
excluded from shipment
3.1 The
following are excluded from shipment with
DPD :
3.1.1 All
parcels which do not meet the specifications described in Section 2;
3.1.2 Goods
of special value, in particular precious metals, genuine jewellery,
precious stones, genuine pearls, antiques, works of art;
3.1.3 Money,
documents
of value, securities, credit, cheque or telephone cards or
similar certificates of value;
3.1.4 Vouchers
and admission tickets with a value of more than 520,- € per
parcel;
3.1.5 Furs,
carpets, watches, other articles of jewellery and leather goods with
a value of more than 520,- € per item;
3.1.6 Other
goods with a value which is greater than 13,000.- €;
3.1.7 Parcels
whose contents, external appearance or shipment are against the law;
3.1.8 Firearms
as defined by the firearms legislation of Romania, a transit country
or the country of destination;
3.1.9 Parcels
with the potential to cause damage to persons or goods, perishable
goods, living or dead animals, material for medical or biological
examination, medical waste, human or animal remains, body parts or
organs;
3.1.10 Hazardous
goods, unless they are accepted for shipment in consultation with
the service provider and after a special agreement has been
concluded;
3.1.11 Shipments
where the freight costs or goods value are to be collected on
delivery, unless the latter (C.O.D.) has been accepted for shipment
in consultation with the service provider and after a special
agreement has been concluded;
3.1.12 In
the case of cross-border shipments
goods
whose import or export is forbidden or requires special permission
in accordance with the regulations of the respective country of
dispatch, transit or destination.
3.2 DPD
will be entitled to refuse the continued transport if, after
acceptance of the goods, DPD learns of a reason for exclusion or if
there is reason to assume that the parcel is excluded from shipment
in accordance with Section 3.1. In such cases DPD has the right,
where the situation justifies this and after informing the
principal, to dispose of the goods at the principal’s expense
or to destroy them for purposes of avoiding risk.
3.3 The
acceptance for shipment of goods excluded under Section 3.1 does not
represent a waiver of the exclusion from shipment.
3.4 In
addition to any legally constituted liability, the principal will be
liable for any direct or indirect damage which arises from the
shipment of goods which are excluded under Section 3.1, or in cases
where notification in accordance with Section 7.3 has not been
provided.
4 Scope
of services
4.1 The
services cover
4.1.1 Arranging
for transport by carriers, together with taking delivery, sorting,
and delivering parcels to the consignee;
4.1.2 If
the consignee is not located, a second attempt to deliver will be
made;
4.1.3 Delivery,
with the effect of fulfilling the obligation, to any person found
present at the delivery address, unless there is good reason to
doubt such a person’s entitlement to take delivery; there is
no obligation to check the identity of such a person (e.g. on the
basis of an identity card).
4.1.4 The
return to the principal of any parcels which cannot be delivered or
are rejected by the consignee.
4.2 Declarations
of value and interest in accordance with CMR or the Warsaw
Convention/Montreal Convention
will not apply.
5. Delivery times
Delivery
times are not guaranteed.
6 Payment
for services
Where
nothing has been agreed to the contrary payment for services will be
in accordance with the service provider’s current price list.
The prices which are valid on the day the shipment order is placed
will apply.
7. Obligation
to cooperate
7.1 The
principal is responsible for ensuring that addresses and transport
documentation are free from error and correctly attached. P.O.Box
addresses
or addressing to an automated facility for taking delivery of
packages are not accepted.
7.2 When
dutiable goods are shipped the principal is responsible for
ensuring that all the documentation which is needed for customs
clearance
is attached to the parcel in an external document envelope.
7.3 Before
goods are submitted to DPD for shipment, the principal is
responsible for checking if they are goods excluded from shipment
as defined in Section 3.1, and notifying DPD accordingly. If
there is any doubt the principal should inform DPD and request a
decision by DPD.
8. Declaration
of value
Without
prejudice to the exclusions from shipment listed in Section 3.1 and
the provisions of Section 4.2 the principal must indicate
the value of the parcel if this is greater than 520,- €. In the
case of values above 520,- € the service provider will decide
if and how the parcel is to be treated/shipped.
9 Opening,
returning, disposing of and destroying parcels
9.1 If
a parcel cannot be delivered or returned because of an address error
or missing consignor data or for any other reason, DPD has the right
to open the parcel for purposes of finding information about the
principal or the consignee.
9.2 DPD
also has the right to open parcels if this is necessary in order to:
9.2.1 ensure
correct customs processing;
9.2.2 eliminate
any risks which might be caused to persons or property by a parcel
which cannot be delivered or is rejected;
9.2.3 find
out the contents and value of a parcel which cannot be delivered or
is rejected and cannot be returned, so that if necessary the parcel
can be disposed of or destroyed.
9.3 The
parcel can be opened in cases where the principal, in spite of a
written or verbal request, fails to provide DPD with the necessary
information within 14 calendar days in the case of parcels to be
cleared through customs, or within 7 calendar days in the case of
other parcels. In order to eliminate hazards or if the contents are
perishable or for similar reasons the parcel can also be opened
immediately, without the above periods of notice.
9.4 If
in accordance with 9.1 and 9.2 the parcel cannot be returned to the
principal even if it has been opened, DPD has the right to dispose
of the contents of the parcel. If this is not possible DPD has the
right to destroy the goods, unless a different course of action is
prescribed by law.
10. Responsibility
for costs
10.1
The cost of return transport from abroad will be charged to the
principal separately.
10.2
Costs related to import/export shipments (e.g. customs and import
charges) are invoiced to the consignee in the country of
destination. This is without prejudice to the responsibility of the
principal to the service provider for such costs.
10.3
The principal will reimburse DPD for all costs which DPD incurs
from the opening and/or disposal of and/or destruction of the parcel
in accordance with Sections 9.2 and 9.3.
10.4
If any charges, costs or other expenses are to be paid by a foreign
consignee or if they are caused by him, the principal will pay such
amounts where they are not settled at first request by the foreign
consignee.
11. Liability
11.1 Unless
it is a case of deliberate damage or gross negligence, the service
provider is liable as follows from the time the goods are accepted
for shipment until their delivery to the consignee:
11.1.1 For
loss and damage to the goods during domestic shipment, in accordance
to Romanian legislation;
11.1.2 For
loss and damage to the goods during international shipment, in
accordance with the CMR regulations for road transport and with
the Warsaw Convention/Montreal Convention for transport by air;
11.1.3 Any
liability for consequential damage is excluded.
11.2 Liability
for loss or damage to parcels is, in addition to the legally
regulated
cases, excluded if
11.2.1 the
parcel is excluded from shipment in accordance with Section 3.1,
or the principal fails to inform DPD in accordance with Section
7.3 that the goods are excluded from shipment, and where DPD has
no way of detecting this. DPD is not under any obligation to make
the relevant checks.
11.2.2 the
damage is caused by acts or omissions of the principal, the
consignee or their respective agents.
12. Insurance
12.1 Each
parcel is covered by insurance to the extent that DPD is liable in
accordance with Section 11 (DPD insurance).
The amount of insurance cover is limited to max. 520.-- € per
parcel and includes liability in accordance with Section 11.
12.2 Within
the DPD provisions for insurance cover it is possible, at a higher
premium, to arrange insurance of up to 13,000.-- € per parcel,
where the amount insured increases in multiples of 500.-- €.
12.3 At
the principal’s discretion the higher insurance can be
arranged for the whole parcel volume, for part of this volume or for
individual parcels. This must be arranged when the contract of
shipment is concluded or at the latest when the parcels are accepted
for shipment. For parcels shipped to countries outside of Europe
such higher insurance must be agreed in each case with the service
provider.
12.4 The
principal is the only beneficiary of DPD insurance in excess of the
level of liability. Any claims arising from this cannot be assigned
to third parties.
12.5 Parcels
which are covered by other insurance are excluded from DPD insurance
which is in excess of liability in accordance with Section 11.
13 Set-off
/ right of retention
The
principal is not entitled to set off his own claims against claims
asserted by the service provider, nor is the principal entitled to
assert any right of retention.
This will not apply to claims for which a court judgement has been
passed or which the service provider has acknowledged as justified.
14 Divergent
agreements
Divergent
agreements are only valid if made in writing. This requirement
stipulating
written form cannot be waived verbally.
15 Place
of fulfilment, jurisdiction, unforeseen contingency, applicable law,
partial invalidity
15.1 The
place of fulfilment and of jurisdiction is the location of the
particular branch of the service provider’s organisation which
accepts the order.
15.2 Any
contingencies which are not foreseen by these general terms of
business are, on the basis of the applicable legal system, to be
covered by whatever provision comes closest in sense and purpose to
meeting such a contingency .
15.3 The
applicable law will be that of the country in which the service
provider has his registered office. Cross-border shipments will be
subject to the provisions of the CMR or the Warsaw
Convention/Montreal Convention.
15.4 The
invalidity of individual provisions of these general terms of
business will not prejudice the validity of the remaining
provisions.
