DHL Express Terms and Conditions of Carriage
GENERAL CONDITIONS FOR THE RELATIONS WITH CUSTOMERS OF THE COURIER SERVICES OF DHL EXPRESS BULGARIA EOOD
This document specifies the General conditions for the relations with customers of the courier services (herein under referred to as „General Conditions”). within the meaning of § 1, s.18 of the Additional provisions of the Postal Services Act offered by DHL EXPRESS BULGARIA EOOD (hereunder referred to as “The Operator”). The present General Conditions include the following parts: 1. The DHL EXPRESS worldwide terms and conditions of carriage; and 2. The specific conditions for the relations with customers of the courier services of DHL Express Bulgaria EOOD.
The DHL EXPRESS worldwide terms and conditions of carriage generally provide for the relations between the customers and the separate companies belonging to the international corporate group of DHL EXPRESS. The Specific conditions for the relations with customers of the courier services of DHL Express Bulgaria EOOD are applied together with the DHL EXPRESS worldwide terms and conditions of carriage and are specifically focused on meeting the imperative requirements of the applicable legislation of the Republic of Bulgaria. For the avoidance of doubt: 1. In case of contradiction between the DHL EXPRESS worldwide terms and conditions of carriage and the Specific conditions for the relations with customers of the courier services of DHL Express Bulgaria EOOD, the latter shall have priority;
- In case of contradiction between the DHL EXPRESS worldwide terms and conditions of carriage and the imperative requirements of the Bulgarian legislation, the latter shall apply;
The General Conditions are binding for both the Operator and the customer and constitute an integral part of the individual agreement between them, if any such is signed.
By handing his/her shipment to DHL Express Bulgaria EOOD, the shipper declares on his/her behalf and on behalf of any person concerned with the shipment that he/she is familiar with the present General Conditions and will strictly adhere thereto.
DHL EXPRESS WORLDWIDE TERMS AND CONDITIONS OF CARRIAGE (herein under “Worldwide 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
DHL may perform any of the following activities on 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 authorized. 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. 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.
DHL has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
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, which are available on the DHL website (www.dhl.com) or from DHL Customer Service.
All claims must be submitted in writing to DHL within thirty (30) days from the date that DHL accepted the Shipment, failing which DHL shall have no liability whatsoever. 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 may be able to arrange insurance for loss of or damage to the Shipment, covering the full value of the goods, provided that Shipper so instructs DHL in writing, including by completing the insurance section of the waybill or using DHL’s automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
9.Circumstances Beyond DHL’s Control
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. 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.
12. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions. Further information is available on the DHL website (https://mydhl.express.dhl/) and the relevant country site or from local DHL Customer Service.
SPECIAL CONDITIONS FOR THE RELATIONS WITH CUSTOMERS OF THE COURIER SERVICES OF DHL EXPRESS BULGARIA EOOD
(herein under „Specific Conditions”) The purpose of the present Specific Conditions is to supplement the arrangement in compliance with the mandatory requirement of the legislation of the Republic of Bulgaria
Range and nature of services
- The Operator is a postal operator performing non-universal postal services (courier services), defined in the Postal Services Act. The courier services provided by the Operator include: International courier services (EXPORT and IMPORT) and express services within the country (DOMESTIC EXPRESS).
- The Operator provides additional services to the consumers, which are described in the website of "DHL EXPRESS BULGARIA" EOOD, www.dhl.bg, and are an integral part of these General Conditions
- With its signature on the courier waybill the Shipper of the Shipment declares that the latter is familiar with the present General Conditions and it hereby agrees with them.
Shipment delivery times
- Shipment delivery times depend on the type of chosen services and respective destination, and they may be seen on the Operator’s website - www.dhl.bg, or from DHL Customer Service. Consumers can also get information in the offices of the Operator, or through a "Customer Service employee.
- In contrast to art. 6 of the Worldwide Terms and Conditions the shipment delivery times are part of the agreement between the Operator and the customer and are binding for the Operator. In case of failure to comply with the Shipment delivery times, the Operator shall pay a compensation in the amount to the actual value of the damage, but not exceeding the value of the price / amount of Shipment/service paid to the Operator.
- If the Shipper of the Shipment has indicated incomplete and / or inaccurate address or phone number for contact with the Recipient, the Operator shall not be bound with the previously announced shipment delivery time.
- The Operator shall also not be liable for its failure to comply with the service parameters in case of unpredictable circumstances incurred in carrying out of the transport, as well as in the other cases provided in the General Conditions and in law.
Prices. Manner of payment
- The way of defining the service prices by the Operator is provided for in art. 5 of the Worldwide Terms and Conditions. The present chapter is only intended to render these provisions in compliance with the imperative requirements of the Bulgarian legislation.
- The prices of services are determined by the Operator in accordance with the Postal Services Act and they may be seen on the Operator’s website - www.dhl.bg. Price information can be found by consumers in the offices of the Operator and through a "Customer Service” employee.
- The prices of services are paid by customers in advance.
- The prices of services can also be paid within such deadlines as specified in the individual agreements signed with customers.
- Payments for the services are made either in cash or otherwise.
- In addition to art.5 of the Worldwide Terms and Conditions, upon request of the Shipper/ Recipient or with its consent, DHL credit the Recipient before the customs authorities or prepay customs duties on behalf of a Recipient who does not have a DHL customer number for which service DHL is entitled to charge a fee.
Conditions on the acceptance and delivery of shipments
- The conditions on shipment acceptance and delivery are provided for in art. 2, art. 3 and art. 4 of the Worldwide Terms and Conditions. Requests for shipment can be made in various ways, including but not limited to through a "Customer Service” employee or online through the website of the Operator - www.dhl.bg. Shipments are sent on the spot in the offices of the Operator and his partners. The waybill is prepared at the time of acceptance of the shipment or is prepared in advance by the customer through the electronic applications of the Operator. For the passing of the shipment, the Shipper may request pick up from an address by a courier or visit the office of the Operator or its partners, or in other ways, which are published on the website of the Operator www.dhl.bg.
- In addition to art. 3 of the Worldwide Terms and Conditions, the period after which the shipment may be released, disposed of or sold by the Operator if deemed unacceptable, if undervalued for customs purposes, or if the receiver cannot be reasonably identified or located, or if he/she refuses to accept it or pay its delivery, shall be one month. For every shipment which is processed on the territory of Bulgaria, if the shipment is left at the Operator’s disposal or if it is sold, a protocol or other relevant document is prepared, detailing the reasons for these actions. The term for storage of this protocol or other relevant document by the Operator is six months.
- In contrast to art. 4 of the Worldwide Terms and Conditions, should any doubt exist for insertion of prohibited items or substances into the shipments, the Operator can inspect these at the time of acceptance, with the consent of the shipper. When there is sufficient reason to believe that an already accepted shipment contains prohibited items or substances, the Operator is entitled to make an independent inspection. By passing the shipment to the Operator the customers declare that the content of their shipments is in compliance with applicable regulations and that they grant their permission for such inspection.
- Acceptance of delivery can be made in writing or in electronic form. The acceptance cannot be challenged on the sole ground that exists only in electronic form
Procedures for quality claims and indemnities
- The procedures for quality claims and indemnities, as well as the respective responsibilities of the Operator and the customer, are provided for in art. 6, art. 7, art. 9, art. 10 of the Worldwide Terms and Conditions. For avoidance of doubt, the term „claim” in the Worldwide Terms and Conditions shall be interpreted as „quality claim” within the meaning of the Postal Services Act.
- In contrast to art. 6 of the Worldwide Terms and Conditions, the Operator shall indemnify the customers in all cases imperatively settled by the Postal Services Act, incl. cases involving lost, stolen or damaged shipments, both entirely and partially, and failure to meet the shipment delivery deadlines. For the avoidance of any doubt, DHL's liability for lost, stolen or damaged, in whole or in part, domestic and international postal shipments and parcels, as well as for returned postal parcels where there are no grounds for non-delivery, shall be in the amounts specified in item 6.1. of the Worldwide Terms and Conditions. In case of non-fulfillment of the delivery terms, the Operator shall pay compensation in the amount of the actual value of the damages, but not more than the value of the price / amount paid to the Operator for the Shipment / service. The Operator does not offer the cash-on-delivery service.
- Customers are entitled to written quality claims.
- In contrast to art. 7 of the Worldwide Terms and Conditions, the acceptable time for claim submission shall be 6 (six) months following the shipment acceptance date.
- The Operator examines the claim and within a month for domestic shipments, and within three months for international ones, shall inform the claimant in writing about the respective outcome. In the event that the claim is considered as justified, the due indemnity shall be paid within one month as from the date of notice of the claim.
- The particular amounts of the indemnities payable by the Operator are shown in art. 6 of the Worldwide Terms and Conditions.
- In contrast to art. 10 of the Worldwide Terms and Conditions, the Operator shall not be responsible for non-performance of its obligations only in the cases specified in detail in the Postal Services Act, incl.: 24.1 When the damage or destruction of the shipments has taken place at the fault of the shipper or results from the nature of the shipment’s content; 24.2 In case of shipments containing prohibited items or substances, being confiscated or destroyed for this reason by the competent authorities under the respective procedures; 24.3 When the shipment has been delivered to another person due to incomplete or wrong address; 24.4 When the shipper or receivers of shipments have not submitted a written quality claim under the provisions of the Worldwide Terms and Conditions and the present Contractual Conditions.
- The shippers are responsible towards the Operator in the cases foreseen in the Postal Services Act, i.e. for all damages caused by the content of their shipments to other shipments. This responsibility, however, is limited to the extent that the Operator itself is responsible towards the owners of damaged shipments. Shippers are also responsible for damages suffered by the Operator itself.
Rights and obligations of customers and the Operator
- The rights and obligations of both the customers and the Operator are provided for in the Worldwide Terms and Conditions. The present Specific Conditions are only intended to render these provisions in compliance with the imperative requirements of the Bulgarian legislation.
- The customers have the following rights: 27.1 .to obtain detailed information on the nature and parameters of the services offered by the Operator; 27.2. to receive quality services in accordance with the Worldwide Terms and Conditions and the present Specific Conditions; 27.3. to submit complaints and notifications to the Communications Regulation Commission; 27.4. to be properly indemnified in the cases and under the procedures set forth in the Worldwide Terms and Conditions and the present Specific Conditions;
- Customers are obliged: 28.1. to prepare and present the shipment according to the requirements of the Worldwide Terms and Conditions and the present Specific Conditions; 28.2. to pay in advance the service price at the rates announced in the updated Pricelist of the Operator, except for cases where another manner of payment is foreseen in their individual contract or additional agreement; 28.3. to be responsible for damages suffered by the Operator, under the provisions of the Worldwide Terms and Conditions and the present Specific Conditions; 28.4. to provide maximally complete and accurate information for the receiver of the shipment
- The Operator has the following rights:
29.1. to require shipments to have appearance and packing that are appropriate for transportation and which do not impose risk to the integrity or content of the other shipments.
29.2. not to accept shipments incompliant with the requirements of the Worldwide Terms and Conditions and/or the present Specific Conditions, or containing the substances or materials prohibited for carriage as listed in Chapter VII here below;
29.3. to conclude individual contracts and/or agreements for additional services with the customers.
- The Operator is obliged: 30.1. to keep the secrecy of correspondence during and after the service performance; 30.2. to provide customers with information on all features of the services, incl. their prices;
- to indemnify customers as provided for in the Worldwide Terms and Conditions and the present Specific Conditions; 30.4. to examine and inform the customers on their complaints and recommendations; 30.5. to inform the customers in the shortest possible term about limitations in service offering, imposed by authorities in exceptional cases or in cases related to national security and defence; 30.6 to define transit times for shipment delivery in accordance with art. 4 of the present Specific Conditions 30.7. to perform the customer-paid service in accordance with the Worldwide Terms and Conditions and the present Specific Conditions; 30.8. to place copies of the GENERAL CONDITIONS FOR THE RELATIONS WITH CUSTOMERS OF THE COURIER SERVICES OF DHL EXPRESS BULGARIA EOOD on easily visible locations in its offices and on its web page and to provide the customers with said document free of charge at their request.
Format, size, weight and packing requirements 31. The Operator provides information regarding the format, minimum and maximum sizes, weight and packing and labelling of shipments. The packing requirements as well as the operator's instructions on the preparation of the shipment, the recommended packaging steps and the sample labels and stickers that can be used by users are available on the operator's website at www.dhl.bg
Items and substances prohibited for carriage
32. The substances and items prohibited for carriage are shown in art. 2 of the Worldwide Terms and Conditions. For avoidance of doubt, the Operator prohibits the insertion into domestic and international shipments of all substances and items specified in art. 90 and art. 91 of the Postal Services Act, which contain, but are not limited to:
32.1. narcotic, psychotropic and poisonous materials;
32.2. firearms, ammunition, pyrotechnical, flammable, explosive materials and other dangerous substances and goods;
32.3 items, contradictory to the ethical and moral norms;
32.4. items and substances, which by their nature or packaging can be considered dangerous for life and health of the Operator’s employees or third parties, or can damage/contaminate other shipments and/or equipment
32.5. religious materials of banned or unregistered in the country sects and organizations;
32.6. pieces of art without official permission or certificate;
32.7. excise goods and tobacco waste whose handling, transport, supply and sale are prohibited by the Excise Duties and Tax Warehouses Act (EDTW) or other relevant legislation. When providing a Shipment containing excise goods, users declare and ensure that the shipment they provide to the Operator meets the requirements of the EDTW. or other relevant legislation An exemplary list of prohibited goods is available to users on the Operator's website www.dhl.bg as well as on a visible and accessible place in the Operator's offices;
32.8. coins, banknotes, cash instruments, travel cheques, valuable items for the shipper, platinum, gold, silver, rough or polished gemstones and other valuable items, unless value of those is declared
32.9. only for international shipments, including those with declared value - other substances and items, outside the above, forbidden by an international law or for import in the receiving country.
Procedures for dispute resolution
Disputes between the Operator and the customers are resolved by direct negotiation. If no settlement can be achieved, each party is free to seek assistance from the Communications Regulation Commission and other competent bodies or refer the matter of dispute to the competent Bulgarian court.